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Boy, 8, faces charges for pointing toy gun

Josey1Josey1 Member Posts: 9,598 ✭✭
edited March 2002 in General Discussion
Boy, 8, faces charges for pointing toy gunSaturday, March 2, 2002By LIZ COBBS NEWS STAFF REPORTER An 8-year-old Whitmore Lake boy is facing criminal charges for pointing a toy gun at three other youngsters and threatening to shoot them. Even though the incident involved a toy gun, the Washtenaw County Prosecutor's Office said, Tommy Davis' intent was to threaten and scare the other children. The boy, who was 7 at the time of the incident, has a hearing on three felonious assault charges next week in Washtenaw County Juvenile Court. "I think it's the most ridiculous thing I've ever heard," said Lisa Davis, Tommy's mother. "This is a waste of taxpayers' money. I didn't think it was against the law to have a toy gun. Doesn't the police department have anything better to do than to take complaints from kids who have a dispute with other kids?" Davis said her son had several run-ins with one of the children before the Dec. 6 incident that occurred after school in their Northfield Estates Mobile home community park. Northfield Township Police Lt. Dennis Gruschow said the age of an individual does not prevent an investigation when a complaining witness wants to pursue prosecution. "The police department must investigate allegations of any type of criminal offense," Gruschow said. "We turn over what we have to the prosecutor's office and they make the call on whether to charge an individual." Children as young as 7 can be charged based on a Michigan Court of Appeals decision, said Washtenaw County Assistant Prosecutor Donald Ray, who heads the prosecutor's office at Juvenile Court. The court holds that a child under 7 is not able to form an intent to commit a crime, but a 7-year-old child can form the intent and therefore can be charged. Tommy told The News that on the day of the incident, he and a friend were riding their bikes to another part of the mobile home park when he saw the three children. He said he took the gun out of his pocket. "I just pointed the gun at them," he recalled this week. "I don't know if I said anything bad at them, but they got scared." A Northfield Township police report said the three children, two of whom were 7 and one 6, were on Turquoise Drive, near Barker Road, when Tommy Davis "pulled out a gun and pointed it at them and said he was going to shoot them." Tommy Davis, according to the report, said he never told the children he was going to shoot or kill them, but did tell one of them, "don't fight me anymore." An adult resident driving by saw a child pull a gun "from underneath his jacket and point it at the other children," the report said. The witness saw one child lying on the ground and another with hands raised in the air. When the child with the gun saw the adult, he ran away. The witness, who went over to the children, said one was "crying hysterically saying he was going to shoot us." Tommy Davis is charged with three counts of assault with a dangerous weapon. For adults, the maximum penalty for the charge carries up to four years in prison. For juveniles, it's up to the judge's discretion. Ray said the boy could get anything from probation to a stay in juvenile detention. Liz Cobbs can be reached at lcobbs@annarbornews.com or by calling (734) 994-6810. http://www.mlive.com/news/aanews/index.ssf?/xml/story.ssf/html_standard.xsl?/base/news/10150548022833710.xml
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Comments

  • Hans GrueberHans Grueber Member Posts: 244 ✭✭✭
    edited November -1
    How many of us out there played "Guns" when we were kids? Back when the toy guns looked real. Better yet how many of us shot our friends with BB guns for fun? Like I've said before "God bless the liberals".
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  • Big Sky RedneckBig Sky Redneck Member Posts: 19,752 ✭✭✭
    edited November -1
    Hans, being the recipiant of those bb gun attacks let me tell you that those things hurt! But did I ever get even! hehehe
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  • BoomerangBoomerang Member Posts: 4,513
    edited November -1
    Give me a break - "Tommy Davis is charged with three counts of assault with a dangerous weapon."This moronic! How much do these cops and lawyers get paid, apparently too much. This is like Barney Fivedum!They should loose their jobs over this. Boomer
    Protect our Constitutional Rights.
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  • offerorofferor Member Posts: 8,625 ✭✭
    edited November -1
    I think what we are seeing here is a very slow wake-up call that some common sense is going to have to be mixed into the zero tolerance mantra. I think people are going to have to start reminding themselves of what they're trying to prevent by asking "Zero Tolerance of What?" And they'd better have a clear answer, or the policy is going to become an object of ridicule. I don't think that should happen. There's nothing wrong with zero tolerance of real weapons in school or serious threats or disturbed kids. But zero tolerance, without any qualifiers, becomes impossible to take seriously when applied across the board without reasonableness.
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  • dakotashooter2dakotashooter2 Member Posts: 6,186
    edited November -1
    I see three things wrong with the charges filed. There was no assault. At the very most there was a threat. There was no weapon unless he planned on using the toy as a club. And since that it proved to be a toy, he had nothing that was dangerous, unless it was small enought to swallow. Sorry 4 things. The procecutor is an idiot.
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  • Wild BillWild Bill Member Posts: 155 ✭✭✭
    edited November -1
    Boomerang -Why should the cops or lawyers lose their jobs over this?
    "Gun control is not about guns; it's about control." "If guns cause crime, then matches cause arson."
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  • IconoclastIconoclast Member Posts: 10,515 ✭✭✭
    edited November -1
    Wild Bill, because they obviously have the common sense of decrepit block of concrete. And if this incident requires their action, then obviously the agencies in that jurisdiction are grossly over-staffed.
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  • whiteclouderwhiteclouder Member Posts: 10,574 ✭✭✭
    edited November -1
    Someone ought to have their * kicked first and I'll give you one guess who that should be.And then the kid should have his * kicked, hard and repeatedly, with appropriate apology to the kids he threatened. Nothing like a little humiliation to set something solid in a memory.And last, lose the gun until he can handle it responsibly.Clouder..
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  • gap1916gap1916 Member Posts: 4,977
    edited November -1
    OK Ok Soon some one will be going after the Toy Gun manufactures. I guess that there are politically incorrect toys that are now illegal to play with.
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  • BoomerangBoomerang Member Posts: 4,513
    edited November -1
    Wild Bill - Are you kidding? How in the world does this instance even warrant a police response and then the followup of 3 to 4 criminal charges by the DA's office? Apparently there must be no crime to speak of in this community if they can arrest a 7 year old for pointing a "TOY GUN".As I said before "GIVE ME A BREAK!!!"Boomer
    Protect our Constitutional Rights. [This message has been edited by Boomerang (edited 03-04-2002).]
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  • Wild BillWild Bill Member Posts: 155 ✭✭✭
    edited November -1
    Iconoclast and Boomerang-You can't hold the cops responsible for something like this. They don't decided who calls the police or who makes a police report. Taking reports from the public is what they do. If they didn't take the report they wouldn't be doing their job. And if the cops didn't take the report or cite/arrest the "offender" after the the parents of the "victims" demanded a citizens arrest, then the cops would actually be breaking the law themselves. I'm not saying that charging the boy with 3 felonies for this incident isn't ridiculous, but you can't blame the cops for everything. And in this case, blaming them is just plain wrong. In case you didn't know, cops can't actually charge anyone with a crime. They can only arrest them for a crime. Only the district attorney can officially "charge" someone with a crime.
    "Gun control is not about guns; it's about control." "If guns cause crime, then matches cause arson." [This message has been edited by Wild Bill (edited 03-04-2002).]
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  • BoomerangBoomerang Member Posts: 4,513
    edited November -1
    Do you see the lunacy here. Police report: Three children report that little Tommy pointed a "toy gun at me and said he was going to kill me". Then the DA Office says: After careful review of the allegations the child should be criminally charged with assault with a dangerous weapon."OH PLEASE"Wild Bill - Where is the crime; moreover, where is the misdemeanor? I really would like to see the police report that resulted in this "Major Cluster F@@KUP".Boomer
    Protect our Constitutional Rights. [This message has been edited by Boomerang (edited 03-04-2002).]
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  • whiteclouderwhiteclouder Member Posts: 10,574 ✭✭✭
    edited November -1
    WildBill has it right. Y'all pickin' on de wrong dudes.Clouder..
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  • LowriderLowrider Member Posts: 6,587
    edited November -1
    So, why wouldn't the cops respond, (like they're supposed to), determine the facts (toy gun, no assault), report the facts to the parents of the "hysterical" kids, and be on their way.There's nothing for the prosecuter to file charges on if the cops treat it as what it really was. A seven-year-old kid with a toy gun.
    Lord Lowrider the LoquaciousMember:Secret Select Society of Suave Stylish Smoking Jackets She was only a fisherman's daughter,But when she saw my rod she reeled.
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  • Wild BillWild Bill Member Posts: 155 ✭✭✭
    edited November -1
    Just to set the record straight, I totally agree that charging this boy is ludicrous. I just like to see blame placed where it belongs, and not with those who aren't necessarily responsible for this blunder. For instance, as a gun owner, don't you hate it when you get blamed for EVERYTHING wrong in our society when a gun is involved in a crime? If a CRIMINAL uses a gun in a robbery, the media makes it out like guns (and gun owners) are the problem. Owning a gun doesn't make you a criminal anymore then the gun made the robber commit the crime. It is the CRIMINAL who chose to commit the robbery. So blame him, and not the millions of law-abiding gun owners who wouldn't think of commiting a crime with their LAWFULLY owned guns. Hence my point, place the blame where the blame belongs. That's all I'm saying.
    "Gun control is not about guns; it's about control." "If guns cause crime, then matches cause arson." [This message has been edited by Wild Bill (edited 03-04-2002).]
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  • competentonecompetentone Member Posts: 4,696 ✭✭✭
    edited November -1
    My guess:The three, who had the toy gunpointed at them, are probablybullies.The kid who "scared" thesethree may have just saved societyfrom having to be their victimslater in life.It was probably a case of "self-defense"--delayed, butself-defense never-the-less.The prosecutor is probably a "slime-bag" bully--just trying to "crush" anyone who thinks they have the right to livetheir life free from being bullied.(And that is the reason why governments want to disarmtheir citizens--because theywant to "bully" the population.)The "toy gun" is probably a minimal issue with theprosecutor; I suspect the chargeshave a whole lot to do the prosecutorbeing upset that an 8-year-old would say, "No! I will not be bullied!"
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  • dakotashooter2dakotashooter2 Member Posts: 6,186
    edited November -1
    If I was the parent in this case two things would happen. First the kid would get a immediate and major attitude adjustment. Second I would sue for false arrest. I do believe the cops did their job. It's the DA who is out of line.
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  • BoomerangBoomerang Member Posts: 4,513
    edited November -1
    Agreed, the kid needs a major attitude adjustment,as did many of us going up. But what the hell was in the police report that brought about these charges. Agreed, the major screw up appears to be in the DAs office. Wild Bill, OK I will admit that I am ignorant of police reporting procedures. Do the police file a report on all non-crime incidents? Please enlighten me. Please take no offense by this question, but I am perplexed by the chain of events. Something or someone had to raise this incident to DAs Office. Are you indicating that the DAs Office take random non-crime events from police reports and make issues of them.There is something bad wrong here. Someones * needs to be on the chopping block for this abuse of power. I may be wrong, but I think that a smell is coming from both the DAs office and the police department. IMO, it is very hard to defend either group here.Boomer
    Protect our Constitutional Rights.
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  • njretcopnjretcop Member Posts: 7,975
    edited November -1
    Wild Bill, stick to your guns (pun intended) on this one. You are absolutely right.The police did not file the charges.-Charlie
    It's the stuff dreams are made of AngelNRA Certified Firearms InstructorMember: GOA, RKBA, NJSPBA, NJ area rep for the 2ndAMPD. njretcop@copmail.com
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  • hunter280manhunter280man Member Posts: 705 ✭
    edited November -1
    Actually the prossecuter from Washtinaw county is a little bit of a liberal. I use to hunt on his property on the back side of U of M property. Peach mountain is the name of the hill, he purchaced it about 8 years ago. AT one time my freinds and I hunted some of the best whitetail property in MI. Then shortly before he built his house he figured that we where to dangerous with our bows and arrows. He evicted my hunting partners from their rented home, and posted his property. He claimed that he was unsure of the neighbors and their feeling towards the sport and since he then was the assistant prossecuting attorney he didn't need any bad publicity. Since then I havent heard much good from him as far as the gun issues either. Some how this doesn't surprize me that he may be spearheading this issue, from my viewpoint this is a man interested in furthering his own political career. Not the good of the people necessarily, just furthering his own career. More worried about what others think of him than whats right. I would never blame anyone for not wanting someone to hunt on their property, thats not the issue, just the way he went about it.
    Though I was born to royalty, I was snatched at birth, so treat me as the noble I am!!!
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