home

Girl Who Threw Rock Escapes Jail and Felony Conviction

Bump and Update: It's over. Prosecutors came to their senses and agreed to a deal:

Maribel Cuevas was ordered to meet with her young victim and talk about the fight under the deal - reached on the same day the girl was to stand trial. She did not have to plead guilty, and the charges will be dismissed if she stays in school and keeps out of trouble.

Now, if she can only get over the scars from a week in jail and a month of house arrest.

*********
Bump and Update from July 18: 11-year old Maribel Cuevas will be tried as an adult for throwing a rock in waterfight.

**********
Original Post, 7/18/05:

How many more of these incidents should we tolerate? An 11 year old is facing felony charges in California for throwing a rock. She was arrested and spent five days immediately thereafter in juvenile detention. Now she faces trial, and the prosecutors say they are not interested in a deal.

Police apparently came prepared for gang warfare when they sent three squad cars and a helicopter in response to a 911 call. Instead, they found an 11-year-old girl who had thrown a rock to defend herself as neighborhood boys pelted her with water balloons.

Little Maribel Cuevas says she didn't mean to hurt the boy - who admitted to officers that he started the fight and was quickly released from the hospital after getting his head stitched up. But police insist she's a criminal - she's being prosecuted on a felony charge of assault with a deadly weapon. "We responded. We determined a felony assault had taken place and the officers took the actions that were necessary," said Fresno Police Sgt. Anthony Martinez.

Her family says Maribel was simply defending herself when 9-year-old Elijah Vang and several other boys pummeled her with water balloons outside her home in a poor Fresno neighborhood in April. They say she quickly sought help and tried to apologize to the boy and his family. The Vangs have since moved away.

"She's 11 ... they're treating her like she's a violent parole offender," said Richard Beshwate, Jr., Maribel's lawyer. Maribel, who speaks limited English, spent five days in juvenile hall with just one half-hour visit from her parents. She then spent about 30 days under house arrest, forced to wear a GPS ankle bracelet to monitor her whereabouts. She's due in court Aug. 3.

Officers denied that their response was influenced by the setting - a low-income, largely minority neighborhood - or language difficulties - Maribel's family speaks limited English, and the responding don't speak Spanish. With help from their church, the family hired Beshwate to represent Maribel at her upcoming trial. The lawyer says prosecutors aren't interested in a deal.

This is just sickening.

< Beware Immunity for Rove and Company | Say Hello >
  • The Online Magazine with Liberal coverage of crime-related political and injustice news

  • Contribute To TalkLeft


  • Display: Sort:
    Re: Girl Who Threw Rock Escapes Jail and Felony Co (none / 0) (#1)
    by Linkmeister on Sat Dec 17, 2005 at 01:01:19 PM EST
    What on earth might the point of prosecuting this kid be? Even for the most overbearing of PDs, this seems extreme.

    Re: Girl Who Threw Rock Escapes Jail and Felony Co (none / 0) (#2)
    by Sailor on Sat Dec 17, 2005 at 01:01:19 PM EST
    more here The thing I hated most to read:
    "The officer was just saying, 'I don't care, I don't care,'" Guadalupe Cuevas said in Spanish. "He told my nephew he didn't speak his kind of English." The police report said Green read Maribel her Miranda rights twice, in English. The report also lists the girl's emotional state as "apologetic" and "hysterical."
    How ironic that the 'miranda' couldn't have been read to her in spanish. I'm sure they repeated it much louder the 2nd time so she would be sure to 'get it.' She's lucky they didn't taser her.

    Re: Girl Who Threw Rock Escapes Jail and Felony Co (none / 0) (#3)
    by scarshapedstar on Sat Dec 17, 2005 at 01:01:19 PM EST
    9/11 changed everything.

    I read about this the other day, completely ridiculous how they treated that little girl. Just unreal what is happening to this nation.

    I guess defending yourself with a gun is perfectly OK, bur defending yourself with a rock is a no-no.

    As one who has a high ranking police official in my family, I can say this without (I would hope) being labeled a "cop hater". I am becoming more alarmed every day by these stories. What is going through the minds of these people? Anyone want to take a guess? I can't imagine.

    This kind of abuse of power needs to be stopped. A child being treated this way by her parents would be considered abuse by many of us. Why is it not called that in this case?

    A child being treated this way by her parents would be considered abuse by many of us. Why is it not called that in this case?
    Because the state is allowed to abuse you. Did you not get that memo? It's all tough love. Cuz we're tough on crime. One of the sad parts of the story that might not be discussed here--and I'm not defending the way the police acted--is how stressed out, overworked, and underpaid police are. A police Chief I used to interview confessed to me that most of his officers feel terrified all the time. He attributed this to the fact that people, from drunk drivers to murderers, are becoming more likely to assault a cop. He also said that it's becoming harder to tell who's going to do it and who isn't. When you pay people too little to do a very dangerous job, and force them to do that job too much and without adequate assistance, mistakes are going to be made. Again, I'm not saying that's what happened here, but an overworked cop in the grips of a fear frenzy is a lot more likely to consider a rock in the hands of an eleven year old a deadly weapon than someone who's thinking more rationally. God only knows what the prosecutor's thinking. I have no explanation for that.

    Re: Girl Who Threw Rock Escapes Jail and Felony Co (none / 0) (#8)
    by ppjakajim on Sat Dec 17, 2005 at 01:01:19 PM EST
    et al - Why when I read something like this do I want to yell: "Anybody out there got any common sense?"

    PPJ, because you just want to yell.

    alot of the little picked on, buger eating kids from school are taking their revenge now as cops . there was an 11 year old being tried for murder here in austin tx, about ten or so years ago. poor little girl, she went thru hell, and her family, for 5 or 6 years. she was found innocent. damn buger eating da

    Re: Girl Who Threw Rock Escapes Jail and Felony Co (none / 0) (#11)
    by kdog on Sat Dec 17, 2005 at 01:01:20 PM EST
    I'm sure glad I'm not a kid in this day and age.

    Re: Girl Who Threw Rock Escapes Jail and Felony Co (none / 0) (#12)
    by pigwiggle on Sat Dec 17, 2005 at 01:01:20 PM EST
    Here is a link without registration. “PPJ, because you just want to yell.” Yeah, and you couldn’t resist the snipe. Cheetah; self styled pot.

    Re: Girl Who Threw Rock Escapes Jail and Felony Co (none / 0) (#13)
    by pigwiggle on Sat Dec 17, 2005 at 01:01:20 PM EST
    “I'm sure glad I'm not a kid in this day and age.” When I was young my brother and I would take my fathers black powder (he shot BP rifles) and make some very impressive explosives. For most of our summer vacation we would run back and forth between home and some abandoned farmland to set off our latest and greatest; we even experimented with placing them on model rocket engines with good result. I imagine if any neighborhood adult had taken offense at most we would have had a stern lecture from a cop. Today this would have some very serious consequences.

    Re: Girl Who Threw Rock Escapes Jail and Felony Co (none / 0) (#14)
    by ppjakajim on Sat Dec 17, 2005 at 01:01:20 PM EST
    cheetah - I was, I thought obviously, referring to the police. I should known that some anti-war person would use any unqualified statement to be a snark. Dummy.

    PPJ says,
    Dummy
    Well, that's relative.

    ps. I bet you do like to yell.

    Re: Girl Who Threw Rock Escapes Jail and Felony Co (none / 0) (#16)
    by Che's Lounge on Sat Dec 17, 2005 at 01:01:20 PM EST
    Pigwiggle, Yeah we used to make bottle bombs all the time. I also got nailed pretty good once by a kid with a rock. Fortunately, it hit my scalp and left no visible scar. Lost a few seconds on that one. Odd that in the beginning of the article, it's stated that a small army was sent out. Yet by the end of the article, there was this language barrier that was some kind of "explanation" as to why it went down like it did. So, not one of those many cops, in Fresno (CA commenters know what I mean), spoke any spanish enough to find out what happened before treating this child like an animal? Let's hear the 911 tape. Nice of their church to help them out. Nice to see a church do something the're supposed to do once in awhile. You don't need a D.C. lobby group to achieve that kind of community participation.

    Re: Girl Who Threw Rock Escapes Jail and Felony Co (none / 0) (#17)
    by Patrick on Sat Dec 17, 2005 at 01:01:20 PM EST
    Ahhhhhh, Can't get the link without registration to work and won't register with Merc News. The cops have no say in whether or not the girl is charged, held, tried or whatever. So I can't see why some here are blaming them. Let's see if I got the details right. There's a water balloon fight that the suspect is apparently an unwilling participant in? In response she throws a rock at another child, causing injuries which required a hospital visit? If those facts are correct it's a felony under California Law, 243(d) PC, 245 PC, as long as the child understood what he/she did was wrong, 26 PC. This seems to be a case where the cops can't win, and were doing exactly what they should. Does anyone here support giving cops complete and total discretion over what laws they choose to enforce or not? I think the beef, if there is one, is more appropriately directed at the local juvenile probation department or DA's office. They make the decision to prosecute.

    Re: Girl Who Threw Rock Escapes Jail and Felony Co (none / 0) (#18)
    by roy on Sat Dec 17, 2005 at 01:01:21 PM EST
    It seems TL wants the law to give favorable treatment to the very young and the very old. We 20-somethings are being discriminated against! I should be able to bash somebody's head with a rock and only get a timeout. (66% sarcasm)

    Re: Girl Who Threw Rock Escapes Jail and Felony Co (none / 0) (#19)
    by Sailor on Sat Dec 17, 2005 at 01:01:21 PM EST
    Patrick, google news, yahoo news, RSS ... etc. The cops have discretion, heck, the supremes say they don't even have to enforce protective orders. They can issue warnings, they can gather info and turn it over to a DA, they can just walk away. What they shouldn't do, is drag her to the ground, dig their knees in her back and cuff her so tightly that her wrists are still discolored the next day, and charge her with ADW! She was an 11 yr old girl defending herself and other smaller children in her charge against a gang of bullies. And IRT the miranda, one can't give consent (including the mom and daughter) if one can't understand the language.

    Re: Girl Who Threw Rock Escapes Jail and Felony Co (none / 0) (#20)
    by Patrick on Sat Dec 17, 2005 at 01:01:21 PM EST
    The cops have discretion, heck, the supremes say they don't even have to enforce protective orders.
    They don't have discretion not to do their job. Or I guess they do if they don't mind being sued, fired or worse. Don't have to enforce protective orders??? Don't think I've heard that one? Got a link to the case.
    They can issue warnings, they can gather info and turn it over to a DA, they can just walk away.
    They can use a reasonable amount of force to make an arrest if necessary. They don't have to walk away in the face of resistance.
    What they shouldn't do, is drag her to the ground, dig their knees in her back and cuff her so tightly that her wrists are still discolored the next day, and charge her with ADW!
    *Wondering why I bother* You seem to have been able to wade through all the points in contention. I haven't heard there's an excessive force issue here, but hey you'd have a cow if they tased her. The adjectives you used to describe the cops actions seem to indicate you know better than anyone, what happened out there. Only fool believes everything he/she reads, and I never read those words in the stories I checked reporting the incident.
    She was an 11 yr old girl defending herself and other smaller children in her charge against a gang of bullies.
    Gang? Did someone say Gang? Is this a gang neighborhood? Perhaps that would explain the initial response.
    And IRT the miranda, one can't give consent (including the mom and daughter) if one can't understand the language.
    True, but that assumes a complete communications barrier. Isn't that for the court to decide? I speak little spanish, but can get by if I have to. It's not the preferred method, but in a pinch it works.

    Re: Girl Who Threw Rock Escapes Jail and Felony Co (none / 0) (#21)
    by roy on Sat Dec 17, 2005 at 01:01:21 PM EST
    Don't have to enforce protective orders??? Don't think I've heard that one? Got a link to the case.
    I think Sailor refers to this case:
    The Supreme Court ruled Monday that police cannot be sued for how they enforce restraining orders
    (I had it near the top of my head)

    Re: Girl Who Threw Rock Escapes Jail and Felony Co (none / 0) (#22)
    by Sailor on Sat Dec 17, 2005 at 01:01:21 PM EST
    pat, I don't think you read any of the stories, it's just your standard knee jerk reaction to protect cops. roy is correct, the supremes say cops can't be sued for not doing their jobs.
    the case of a Colorado woman whose three daughters were murdered by her estranged husband after he violated a restraining order and abducted the girls.

    Jessica Gonzales made five telephone calls and a personal visit to the Castle Rock Police Department over an eight-hour period urging police to find the girls immediately and arrest her husband, Simon Gonzales. Police declined to act, suggesting she wait until her husband brought the girls home.
    If you think the definition of a gang only means Bloods or Crips, you should attend remedial reading. gang: A group of criminals or hoodlums who band together for mutual protection and profit. A group of adolescents who band together, especially a group of delinquents. A group of people who associate regularly on a social basis:

    Re: Girl Who Threw Rock Escapes Jail and Felony Co (none / 0) (#23)
    by Patrick on Sat Dec 17, 2005 at 01:01:22 PM EST
    Sailor, You're right, you don't think, but I won't hold that against you. You just take in whatever information fits your world view dejour and spew it out. P.S. I think you're deliberately misstating the court decision. Besides I don't know if you realize it or not, but you've just reframed your agrument. Before it was cops don't have to enforce protective orders, now it's they can't be sued. Well there's a slight difference there. Thanks for the definition of what a gang is. Proves you completely missed my point, which is the norm. Free your mind and the rest will follow.

    After the gang of boys raped her, then it would be time for the police to protect her. Fresno's racist hatred of Latinos continues. That was some 911 call, if it elicited a major response. What exactly were the cops reacting to? An 11-year old girl can probably throw a rock 100 feet. Leaving the target range of such would not be difficult in an open area like Fresno. 99% of all cops in non-racist areas would have taken the girl home, and warned her not to aim for her attacker's heads in future. And then her brothers would have beaten a couple of those boys into pulp. As they probably will do anyhow.

    Re: Girl Who Threw Rock Escapes Jail and Felony Co (none / 0) (#25)
    by Sailor on Sat Dec 17, 2005 at 01:01:22 PM EST
    more personal attacks, SOP from pat. For the edification of others:
    Before it was cops don't have to enforce protective orders, now it's they can't be sued. Well there's a slight difference there.
    The cops were sued for not enforcing an order of protection. They didn't enforce the order, they were sued and the Supremes said cops couldn't be sued for not doing their jobs.
    Gang? Did someone say Gang? Is this a gang neighborhood? Perhaps that would explain the initial response.
    I said gang, you asked if it was a gang neighborhood, and said that's why the would arrest a little girl and let the gang of boys who admitted starting it go. I merely pointed out that I used the word gang correctly, you attempted to obfuscate the point. It's obvious why you make personal attacks and engage in prevarication; you don't have the facts or logic to make your arguments. I agree with you on some points, the DA and CPS are also responsible; and I assume a judge must have approved 35 days detention for an 11 year old girl. What, she's a flight risk? She has no 'ties to the community'? She's a multiple violent offender? 3 cop cars and a chopper called out for 1 little girl. Fresno cops must have a lot of time on their hands. This whole case is sickening.

    Sickening is right. What a bunch of PIGS. They are nothing but child abusers. The girl should have been given a juvenile summons and nothing more than a warning. Hopefully the jury will give this girl some compassion.

    Re: Girl Who Threw Rock Escapes Jail and Felony Co (none / 0) (#27)
    by Patrick on Sat Dec 17, 2005 at 01:01:22 PM EST
    I said gang, you asked if it was a gang neighborhood, and said that's why the would arrest a little girl and let the gang of boys who admitted starting it go.
    That's completely untrue. I said perhaps that would explain the initial response. Keep trying to twist my words. Which is it? Are you a bold face liar or do you have the reading comprehension of turnip?
    The cops were sued for not enforcing an order of protection. They didn't enforce the order, they were sued and the Supremes said cops couldn't be sued for not doing their jobs.
    The cops were sued because the guy killed the kids and the family was looking for someone to blame. The gov't is always the first target. It's impossible to enforce an order when you can't find the person the order was issued to. Whether or not they were looking is a different issue. But I imagine there was at least one officer who was aware of the situation and looking. So no, cops still have to do their job, they just can't be sued if they didn't do it to your satisfaction.
    It's obvious why you make personal attacks and engage in prevarication; you don't have the facts or logic to make your arguments.
    Actually I guess it's a little less obvious than you think. I do it because you so obviously twist the facts to support your anti-law enforcement bias, to the point where it becomes dishonest and I don't like dishonset people, especially those who attack me and my profession, under the guise of rightous indignation. You're entitled to your opinion, I'll give you that, but I'm entitled to illuminate the fallacy in your statements and arguments and will continue to do that as long as I'm allowed.

    Re: Girl Who Threw Rock Escapes Jail and Felony Co (none / 0) (#28)
    by Sailor on Sat Dec 17, 2005 at 01:01:22 PM EST
    It's impossible to enforce an order when you can't find the person the order was issued to.
    If anyone had actually read this Supreme Court case they would know that the father called the cops up and told them where he was. IRT the Maribel Cuevas case: The 'initial response' was the only response. The cops grabbed this girl from behind, shouted at her in a language she didn't understand, dragged her to the ground, placed a knee in her back and cuffed her hands behind her back hard enough to leave marks 24 hours later. Then the system locked her up for 5 days with one 30 minute visit with her parents. She's 11 years old! Keep ranting pat, everytime you endorse this type of situation, or cops killing babies as long as they get the father, or tasering people to death, you just help others understand my point of view. Did I phrase all of those things in my favor? Yes, that is what debate is; I see things differently than you, I will put my best interpretation forward. If you have another point of view, with facts and links, state it. But stop just personally attacking me to the detriment of reasoned discourse and the site.

    Re: Girl Who Threw Rock Escapes Jail and Felony Co (none / 0) (#29)
    by Aaron on Sat Dec 17, 2005 at 01:01:23 PM EST
    If a bunch of boys are harassing a girl and one of them gets busted in the head with a rock, I think that's a good lesson for boys to learn, don't pick on girls. BBC It's absolute disgusting that this young girl spent five days in jail, what did some judge refused bail for this period. And now she's wearing a monitoring device. If it was my kid I would definitely sue, but of course these are poor people so law-enforcement can get away with this crap. Another screw up by the cops in Southern California who can't seem to pull their head out of their asses these days.

    Re: Girl Who Threw Rock Escapes Jail and Felony Co (none / 0) (#30)
    by Patrick on Sat Dec 17, 2005 at 01:01:23 PM EST
    Keep ranting pat, everytime you endorse this type of situation, or cops killing babies as long as they get the father, or tasering people to death, you just help others understand my point of view.
    For some reason, I'm not worried about your point of view becoming main stream.
    I see things differently than you, I will put my best interpretation forward.
    At least you admit you'll twist the facts. Fair enough.
    If you have another point of view, with facts and links, state it. But stop just personally attacking me to the detriment of reasoned discourse and the site.
    I believe I have stated it, using your own argument against you. As for the personal "attacks," I've stated before, you insult me, I give it right back. You jump to faulty conclusions, I'm going to call you on it. Sorry if pointing out the absurdity of your positions hurts your feelings. Well not really, but that's too bad.

    When stones are outlawed, only outlaws will have stones.

    Re: Girl Who Threw Rock Escapes Jail and Felony Co (none / 0) (#33)
    by Mike on Sat Dec 17, 2005 at 01:01:24 PM EST
    How many more of these incidents? As long as their is no accountability then the authorities will continue to blindly apply laws with extreme prejudice. The FreeMaribel.org website has contact details about this and a petition with a sting in it's tail. It's seeking pledges for legal action against the Fresno PD, Fresno DA and anyone else involved in this sorry affair. Hopefully, a mounting counter-offensive fund will make them back down. Please help get the word out,

    Re: Girl Who Threw Rock Escapes Jail and Felony Co (none / 0) (#34)
    by DawesFred60 on Sat Dec 17, 2005 at 01:01:51 PM EST
    Hey its the land of freedom right? this kid is only one of millions going to prison and remember the bush family has a-lot of money in the prison system, after all old boy bush started the "1.ST" Private prison in this our great land of freedom, its all-ways been a bush Rat policy to put kids in prison for life. after all kids mean money inside the prison system and bush is always into big money right?

    Re: Girl Who Threw Rock Escapes Jail and Felony Co (none / 0) (#35)
    by Che's Lounge on Sat Dec 17, 2005 at 01:01:51 PM EST
    TL, Where does it say that she is being tried as an adult? The trial is being held in the Juvenile section of the superior court. That being said, this all stinks of some prosecutor trying to pad their CV, or some elected official trying to look "tough on crime" Felony stupid.

    "Anybody out there got any common sense?" A friend is fond of saying "When Customer Service and Good Manners left town, Common Sense was in the trunk." And Henry Fielding said "Nothing is less common that what is usually called 'common sense'.

    Re: Girl Who Threw Rock Escapes Jail and Felony Co (none / 0) (#37)
    by roger on Sat Dec 17, 2005 at 01:01:52 PM EST
    While it seems to me that the cops (way) overreacted, Patrick has a valid point; The persecutor is the one who files criminal charges, not the cops. While I am not cheering the cops, the persecutor on this case is acting much, much worse. First of all, the cops were called to respond to a call where the facts were still (mostly) unknown. They did know that a child was injured, the persecutor knows (at least) most of the facts. The police may have been scared, particularly if it was a rough neighborhood, the persecutor is sitting in their office. My main question to the arresting LEO would be why he didnt just issue a notice to appear, who knows, he might have a rational answer. My main question to the persecutor is why prosecute, and if that decision is valid, why no deals?

    Re: Girl Who Threw Rock Escapes Jail and Felony Co (none / 0) (#38)
    by jen on Sat Dec 17, 2005 at 01:01:53 PM EST
    Meanwhile, in another part of the same state: http://www.dailybreeze.com/news/regstate/articles/1767212.html
    Three men arrested in connection with this week's stabbings outside Dodger Stadium won't face prosecution, officials said. Four men suffered stab wounds as private security guards hired by the Dodgers' merchandising vendor fought Sunday night with men that police said were selling unlicensed goods.


    I could find no source that says she is going to be tried as an adult. And, she didn't go to jail, she went to juvie. And, she didn't go to juvie for throwing a rock, she went because she responded to being hit by water balloons by physically assaulting another, 2 years younger, kid by hitting him in the forehead with a 2 lb. rock that caused a not-insignificant injury and which assault had the very real potential for much greater, permanent even, injury. And, she resisted a police officer causing him a (very) slight injury. Despite accepting the blunt facts of the case, I also in no way believe that she should be tried for a felony, any more than I should have been when I participated in a few neighborhood rock fights as a kid.

    Re: Girl Who Threw Rock Escapes Jail and Felony Co (none / 0) (#40)
    by Darryl Pearce on Sat Dec 17, 2005 at 01:01:53 PM EST
    Meanwhile, the guys who stabbed a vendor outside of Dodgers Statium: no charges!

    Re: Girl Who Threw Rock Escapes Jail and Felony Co (none / 0) (#41)
    by LochNess on Sat Dec 17, 2005 at 01:01:53 PM EST
    The trial has been scrapped.

    Re: Girl Who Threw Rock Escapes Jail and Felony Co (none / 0) (#42)
    by roger on Sat Dec 17, 2005 at 01:01:53 PM EST
    Good! Probably a supervisor stepped in and set the young buck straight.

    sarcastic: "hitting him in the forehead with a 2 lb. rock that caused a not-insignificant injury" That's what civil suits are for. A girl surrounded by boys WHO ARE ASSAULTING HER has a right to fight back, and if in her fear she escalates the violence, honest cops will almost always look the other way. There's more to this story than has met the print.

    Quick! Look out for the Al Qeada juvenile rock throwing brigade, those tiny terrorist tots mean business! Take 'em out now, because rocks only lead to boulders you know, and we all know what that means! I'm really glad to see my tax dollars being used to try grade school girls as adults for throwing rocks at boys who assaulted them. You know, it gives me a lot of confidence in the system. Yes, that was sarcasm. Had to add that last bit you know, rightwingers are a bit slow on the uptake.

    Re: Girl Who Threw Rock Escapes Jail and Felony Co (none / 0) (#45)
    by Kitt on Sat Dec 17, 2005 at 01:01:54 PM EST
    A girl surrounded by boys WHO ARE ASSAULTING HER has a right to fight back, and if in her fear she escalates the violence, honest cops will almost always look the other way. There's more to this story than has met the print.
    Like what? I don't know that I buy the 'there's more to this story.'

    So, the lesson this girl has learned, and will continue to learn throughout her life, is that you cannot resist assault. You must accept it. So when she is raped, she cannot kick, scratch or hit. She must sit there and take it. Then she will be blamed for that, too. And people wonder why women don't stand up for themselves. They are not allowed to. I hope someone explains to her that she has the right to protect herself. This is one of the two things that makes society so screwed up. The other is promoting violence in the 1st place.