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Indybay Feature

11 year old girl victim of bureaucratic cruelty? racism?

by via Otney
A news story about a little girl, who is primarily
Spanish-speaking. Maribel Cuevas, a frail little 11-year old girl in
Fresno was attacked by water balloons thrown by nieghborhood boys. They
were taunting her.
This is a feminist story, at least, it is to me. Or maybe this story is
really all about racism and class. Were you ever picked on by little
boys when you were a little girl? Were you ever afraid of groups of
little boys who were teasing you and threw things at you? I was. What is
this post about anyway? A news story about a little girl, who is primarily
Spanish-speaking. Maribel Cuevas, a frail little 11-year old girl in
Fresno was attacked by water balloons thrown by nieghborhood boys. They
were taunting her. When they wouldn't stop, finally, in frustration, she
threw a rock at them. One of the little boys needed some stitches in
his forehead because the rock dinged him. She ran to his parents' home to
apologize. This a news story? Well you wouldn't think so. But what
happened next makes it one. The Fresno police (speaking only English)
arrested the little girl and carried her away in handcuffs. She was
incarcerated in juvenile hall for five days. Then she was made to wear
an ankle
monitoring bracelet for a month. And the Fresno District Attorney's
office is forcing her to go to trial August 3rd on.... the charge she
faces is felony assault with a deadly weapon. (News article from Fresno
Bee below) Maybe the feminist part of the story is our response to it?

The Fresno District Attorney is Elizabeth A. Egan. The main email for
that office is DAmail [at] fresno.ca.gov

This is the phone number of the Juvenile Unit of the Criminal Division
of the District Attorney's office in Fresno. (559) 455-5268. Their fax
number is (559) 455-5182

The address is
Office of the District Attorney
Fresno County Plaza
2220 Tulare Street, Suite 1000
Fresno, CA 93721

Assistant Fresno County District Attorney Bob Ellis' phone number may
be (559) 488-3657; not sure on that one.

AP wire service story July 15 2005 by Juliana Barbassa
http://www.fresnobee.com/state_wire/story/10897646p-11669193c.html
FRESNO, Calif. (AP) - 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.
What happened next stunned Maribel Cuevas and her family.
Maribel 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 [police]
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. Assistant Fresno County District Attorney Bob Ellis said
he couldn't comment on the case because it involves children.
Maribel's family said the soft-spoken girl, who turned 11 in March,
remains terrified - she's a good student who struggles sometimes because
English is her second language, but in a neighborhood where kids grow up
fast, she keeps close to home, helping her mother take care of her four
younger siblings. Maribel attends school with the boy, and says she's
been taunted by him in the past.
She says was playing on the sidewalk with her 6-year-old brother and
other younger children on April 29, when the boys rode by on their bikes.
They started teasing her, calling her names and hitting her with water
balloons, she said, holding her 1-year-old brother in her lap in her
family's modest living room, where a couch and dining table share space
with a crib and a bed.
When the boys refused to leave, Maribel threw a rock at them, hitting
Elijah.
The aunt of one of Maribel's playmates saw the boy's forehead was cut,
got him a towel to stop the bleeding and called 911, the family said.
Maribel ran to the boy's house, two blocks from her own, to tell his
parents she was sorry, she said.
Police responded to the call ready to tackle a hardened criminal.
The officers "grabbed me from behind, by my shirt" the girl said in
Spanish. "I was so scared. ... I didn't know what they were doing."
Maribel panicked. The officers had the slight girl down on the ground,
and one of them put his knee to her back to restrain her, her mother
said in Spanish.
Guadalupe Cuevas couldn't communicate with the officers, because she
doesn't speak English, and was pushed away when she tried to reach her
daughter.
Maribel was crying, the police report said, but Officer Christopher
Green, who handcuffed her, wrote, "We were able to get Cuevas into the
back of the patrol vehicle."
Guadalupe Cuevas said didn't understand what was happening.
"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."
Maribel's mother and her father, Martin, were able to see their
daughter for half an hour the day after the incident. The girl's wrists were
bruised, her mother said, and she was scared.
Maribel was kept in juvenile hall without seeing her parents again for
five nights. When she was released, she had to wear an electronic
monitoring bracelet that kept her under house arrest for about three more
weeks, leaving school early to make it home before the 3 p.m. curfew.
This is a case where the police department "overreacted and won't back
down," Beshwate said. "I don't know if they don't like Spanish
speakers, if it's racism, or if they were having a bad day. But how can you
defend this kind of behavior?"
by Justin
A rock isn't quite a water balloon is it? As to juvi hall and ankle bracelet etc-- maybe it was overdoing it or maybe it wasn't. But hopefully she won't be returning their balloons with rocks again, will she?
by this is child abuse
notoughlove.gifwge6si.gif
by Justin
And if she had killed somebody with that rock, would you still be feeling the same way?
by Justin
In cases like this, isn't it the family of the "victim" who are the ones who press charges. Instead of contacting "authorities" perhaps you should be directing readers to contact them-- to drop the charges.
by this is child abuse
>And if she had killed somebody with that rock, would you still be feeling the same way?

Not if it was someone like Justin.
by Justin
You and George Bush (Der Fuhrer) seem to have similar methods of dealing with dissent. So tell us again, how are you any better than him?
by I disagree
I grew up in a primarily white lower to middle class neighborhood, and dealt with this kind of stuff all the time. Most of the boys I grew up with were unsupervised and extraordinarily aggressive...and some girls too. But these kids were never incarcerated- when I was bullied(and I was) my father called upon the parents of the two little boys who were bullying me, explained the situation...and it stopped.
The cops took the easy way out by arresting her- they absolutely have the option to speak to the little girl, her parents and the parents of the boys, and this is what they should have done. Acting like storm troopers to counter a failry common situation is ridiculous and to my mind speaks of policework that is lazy and somewhat neurotic- they need to get involved instead of holding a hard-to-understand community at arms length. Instead, these policemen contented themselves with containing situations, instead of working in a community based way.
by this is child abuse
>how are you any better than him

He's on the side of the corporations. I'm on the side of the people.
by Justin
That the police were called in by someone and someone filed a complaint. If that complaint had not been filed, do you actually believe that girl would be in the situation she is in?

Albeit those boys were not so nice, but meeting a water balloon with a rock or a club in certain circles may not be construed as lady-like behavior.

Also, there is the issue of the police being forced to actually doing a legitimate public service for a change, stemming a potentially deadly situation. Guess what may have happened if one of those kids (or their family) had returned with a knife or a pistol?
by C'mon
She's an 11 year old girl, and anyway, why are you applying outdated gender constructs to her? That's silly, sorry.
And it wasnt a knife or a gun, it was a rock. If a complaint was filed or if someone simple called the police, they still have the responsibility to analyze the situation appropriately...and not equate a rock with a gun. The parents of the boys both derserve a response from the gilrs family and the police if they feel their boys are in danger, but of course, they also need to be ablke to see thier boys behavoir in a much broader way...as a contributing factor .
by Justin
You mean like getting a rock in the head and several stitches.

The girl's response was not proportionate to the boys' actions. The police arrested her because the family of the boy pressed charges.

Analyze that!
by Response to Justin
The way the story read, it was that the police had been CALLED and simply arrested her...I'll go back and read it again. If they pressed charges, then yes, a repsonse is called for, but the police also have latitude to shape the family's response...police do this all the time. If my bike gets stolen, as it has, and I go in to file a report, more often than not, the police will have a response to that- sometimes they will encourage it, sometimes not. Based on the ages of the kids involved, I would still argue for the police to come up with a far more creative solution than ankle bracelets and incarceration- do the parents know each other? How often do the boys throw water balloons? What other types of interactions have the kids had with each other? (i'm betting they have and that this is not the first time they skirmished with each other) Have they spoken? Did the parents of the boys have the intention of speaking to their sons about bullying? Why did the little girl feel like a rock was the answer? The police have the latitude to involve themselves in this way, and they chose not to, which to my way of thinking is going to create much bigger problems.
by the family pressing charges
The aunt of one of Maribel's playmates saw the boy's forehead was cut, got him a towel to stop the bleeding and called 911, the family said. Maribel ran to the boy's house, two blocks from her own, to tell his
parents she was sorry, she said.
Police responded to the call ready to tackle a hardened criminal. The officers "grabbed me from behind, by my shirt" the girl said in Spanish. "I was so scared. ... I didn't know what they were doing."
Maribel panicked. The officers had the slight girl down on the ground, and one of them put his knee to her back to restrain her, her mother said in Spanish.

These guys(the po-po) are idiots.
by Mike (Mike [at] FreeMaribel.org)
The parents of the boy did not want to press charges, the police turned up when the ambulance was called. If a child of mine go together with his friends to humiliate someone with water balloons, a few stitches would be the least of his worries when I found out!

No, she didn't have water balloons to throw back. This was because she didn't plan the attack. The stone just happened to be nearby.

Contact information and petition are available at the FreeMaribel.org website.

Please sign up and help spread the word.
Thanks
Mike.

by Justin
And the family of the injured boy are not pressing charges then the state is far exceeding its supposed authority. However, no disrespect to you friend, I would most certainly check out that fact.

Also, to anyone reading this, before donating money to any third party committee I would check out who they are. If money is to be raised it would be better directed to the Cuevas family, to cover legal expenses, and set up and managed by their lawyer.

Thank You.

by Justin
And the family of the injured boy are not pressing charges then the state is far exceeding its supposed authority. However, no disrespect to you friend, I would most certainly check out that fact.

Also, to anyone reading this, before donating money to any third party committee I would check out who they are. If money is to be raised it would be better directed to the Cuevas family, to cover legal expenses, and set up and managed by their lawyer.

Thank You.

by Richard Beshwate
This is a true miscarriage of Justice and a misuse of Police resources. This case has serious implications, and demonstrates that fact that it is very difficult to Police the Police. Maribel was simply playing in families yard when a roving band of teasing bullies approached, began to verbally tease her and her 3, 4, and 6 year old cousing and siblings. Next cam the water balloons AND rocks, in fact the rock that caused the injury was in fact first brought to the scene and tossed toward's Maribel and her young family members, nearly striking a younger child. Maribel was attempting to defend herself and the others. We must keep in mind several facts: 1. We all agree this is regrettable situation, 2. that the decision making in question is that of Children, not adults. 3. that Maribel has never had any prior negative contact with Police, has never been in trouble at school or home. is a sweet, shy, typical 11 year old girl, 4. And that the very first step taken by the arresting officer when he saw Maribel was to Handcuf her! No talk, no questions. According to her family this cause her to become very upset, so that she was next taken to the ground, the fofficer put his knee in her back, and was "able to get into the patrol vehicle", then he attempts to question her, this taken from the police report. Then she is taken to Juvenile hall, the oficer knowing she will be in custody a minimum of 5 days, and charged with felonious assault. The DA has not made an offer's to settle this case, which is absurd, my opinion is this is to help justify the action of the Police that day!
by Richard Beshwate
This is a true miscarriage of Justice and a misuse of Police resources. This case has serious implications, and demonstrates that fact that it is very difficult to Police the Police. Maribel was simply playing in families yard when a roving band of teasing bullies approached, began to verbally tease her and her 3, 4, and 6 year old cousing and siblings. Next cam the water balloons AND rocks, in fact the rock that caused the injury was in fact first brought to the scene and tossed toward's Maribel and her young family members, nearly striking a younger child. Maribel was attempting to defend herself and the others. We must keep in mind several facts: 1. We all agree this is regrettable situation, 2. that the decision making in question is that of Children, not adults. 3. that Maribel has never had any prior negative contact with Police, has never been in trouble at school or home. is a sweet, shy, typical 11 year old girl, 4. And that the very first step taken by the arresting officer when he saw Maribel was to Handcuf her! No talk, no questions. According to her family this cause her to become very upset, so that she was next taken to the ground, the fofficer put his knee in her back, and was "able to get into the patrol vehicle", then he attempts to question her, this taken from the police report. Then she is taken to Juvenile hall, the oficer knowing she will be in custody a minimum of 5 days, and charged with felonious assault. The DA has not made an offer's to settle this case, which is absurd, my opinion is this is to help justify the action of the Police that day!
by J
They always are causing problems here in Fresno!
by Mike (Mike [at] FreeMaribel.org)
I did check that fact, it's from an interview given by the boy's parents to a national Spanish language news show Primer impacto, one of the few news shows to cover the events when they first happened (I'm trying to find a transcript to post as we speak).

I agree totally about donating money, which is why the site asks for "pledges" not donations and asks people definately not to send money. Having a figure to quote helps quantify the level of concern about their tactics. Hopefully, they will back down and there will be no need to actually ask for that money. If not, I'll set up the trust and hand it over to a respected organization to administer.

To keep things clear and no conflicts of interest, I don't ever want to make a cent directly or indirectly out of this.

Mike.
by Betty
What will it take for some responsible, intelligent, commonsense type people run for Chief of Police, Sheriff, and Mayor in Fresno. There are so many great people in Fresno who could win an election against these Buffoons. The current "good ol' boys" really need to be kicked out. What an embarrasment they are to Fresno. Unfortunately not enough good people get out to vote and give financial support to candidates. The various Progressive groups in Fresno and the central Valley have been trying hard for so many years to get a Citizens Police Review Board. One would think that Fresno is Majority of Stereotypical Okies, Arkies, and good ol' texans.. they are a small minority but they do vote. ****** I hope you good people from the Bay Area, LA, Santa Cruz, Sacramento and everyone inbetween who come to help support this victim of Good ol' boy terrorism.. also give some words of support for those from the local progressive community and listen to them. Give them pats on the back, and hugs because they too need your support.
by Mike Rhodes (MikeRhodes [at] Comcast.net)
Betty (comment above) makes a good point about how few people vote in Fresno. Here is an example: A typical Fresno City Council district has about 60,000 residents. About 40,000 people in each district are over 18 years old. In the last City Council election, about 5-6,000 people voted for a representative in each district. The people in Fresno and the Central Valley are not as conservative as some people think. Disenfranchised? Yes! Alienated from the voting process? Yes! Maybe they feel that their vote does not make a difference. Whatever the reasons that most people don’t vote is - one thing is for sure: The reactionary people who do get elected do not have a mandate. They are getting elected by receiving 5-10% of the votes in the district. The Republicans claim they have a “mandate” to run this city when in fact they are only in power because the vast majority of residents have been dis-empowered and disenfranchised from the democratic process. It also helps that the Republicans have rich developers and business owners to financially back their campaigns. But that is another story. Our challenge is to give the progressive majority a reason to vote. We need good candidates, we need money, and we need a massive get out the vote campaign. You can read about a local group that is starting to address these issues here: http://www.cvppac.org
by Bon Vivant
Don't buy all the particulars of your account about this Maribel thing.

As to Maribel herself, it is rather doubtful that an election is going to help her. Don't presume that everyone in the district is going to be joining you in your "protests". Most people don't really give a damn and those that do might find it a tad odd that you consider rock throwing "normal childhood behavior". There may be good reason to dislike the mayor and the police, but this is not one of them.
by KEVIN
Justin wake up and be honest about it.

When I first heard of this on the radio I told everyone that this child had to be a minority, and I was right.

Look this is a situation between children. The little girl just reacted as an eleven year old child under pressure NOT as an adult fully aware of all of the consequences. What about the boys parents why dont they raise kids who are less of a bully.

Recently we had a similar incident occur, when a younger girl (black)
was handcuffed for mis-behaving in school.

Be honest when these things happen with white kids, we apply the coorect understanding that they are children.

Years ago when the white kid vandalized all of the Mercedes Benz
in Singapore (where you can't chew gum) and they wanted to cane
him of america cried foul. Every weekend when kids knowingly
drunk drive and kill someone. We sympathize.

Lets just be fair and balanced.
and that all concerned, (with the exception of the police) were "minorities."

You lose sight of one thing, however, the court in all likelihood will decide that Maribel will enter some type of supervised anger management program, period. Of course the judge may throw it out altogether, which is what a lot of people prefer; however, at this point it doesn't hurt that a judge hear this matter.

Poverty Pimp Sharpton can chew on that.
by indybay: haven for racists
Why is this crap on indymedia?
by Spare the rod...spoil the child
"Damn Mexicans . . . They always are causing problems here in Fresno!"

Mexicans are not the problem, kids are.
by And Now for Something Completely Different
enters a new phase, as a "mediation" deal between Little Ms.M and some of her suitors have been worked out by the state. News at 6:00 PM.

by GurlPixie
Me and my friends were so upset for Maribel. I felt so bad for her. She doesnt need to apologize to him, he needs to apologize to her. They attacked her, so in my opinion she has a right to do to him whatever she wants. I hope I dont sound mean, but if he didnt recover then so be it, then his parents should apologies. Because he attacked a girl.

me and my friends were talking about it, If a boy hit me or my friends with a water balloon or anything else, then we have the right to do anything to him. Even if the boy died, its an act of self defense. He should have got hit more with that rock!
by Vickie
Justin wrote:

"And the family of the injured boy are not pressing charges then the state is far exceeding its supposed authority. However, no disrespect to you friend, I would most certainly check out that fact. "

Justin,
When a call is made to 911 about domestic violence, a police officer arrives, is going to arrest the man or woman for beating his or her partner and the abused partner changes his/her mind about pressing charges, it no longer matters. If there is a mark, a cut, a bruise, anything- the D.A. will press the charges. This is what they are doing in this case.

My little sister was attacked by rocks by ten year old boys when she was five years old just becuase she was hispanic. God knows what would have happened if my mother would not have heard her screaming cries from underneath a car she was hiding under. The police never did anything-why? Because my mother did not know the laws, because she was hispanic, and so they didn't care.

Now, if my sister had picked up a pole and swung at one of these kids, and knocked him off of his bicycle, would she have been arrested at five years old? Come on people, get real.
by Mark
First of all...I'm white...if that makes a difference.

The only criminal action here is the one taken by the police. I'd be willing to bet that California law defines "assault" or "battery" in terms that include being struck by another person with an object, regardless of what that object was, including a water baloon. I'd be equally willng to bet that the action taken by the little girl easily falls under the definition of "self defense". Given that a lone 11 year old girl is in no position to defend herself against a gang of boys, she had every right to respond as she did. I'm a professional mediator in the Texas public school system with 20 years experience working in psychiatric, educational and legal intervention. I've also negotiated over 1500 disputes with parents and school administrators over violations of so-called "zero tolerance" school policies. My first reccomendation to the attorney for the child's family is to file a nasty civil lawsuit against the Fresno police department, followed by a call for a criminal investigation into the abuse of police authority and corruption in the Fresno DA's office. As I understand it, Fresno is approximately 45% Hispanic, so political pressure should be brought to bear on these maniacs.

How truly frightening for the people of Fresno that idiots like these police officers are running around loose with a license to carry a loaded gun. How scary the DA would consider prosecuting this child. What's next...jack-booted, goose stepping Gestapo searching house to house for children with slingshots?

Fresno county voters need to expel the current DA.
by Bib
I believe that the white officers were being racist due to the low-income neighborhood. Children are children. Maybe that boy did deserve those stitches. You can't ask "What if's" because those don't matter now. "What if she killed someone throwing that rock" - please. There are a lot of corrupt police officers out there that would mistreat people of another ethnic background, especially those that speak limited English. I strongly dislike those kind of law enforcers.
by Bib
I totally agree with Mark on this one.
by Laneesha
I totally disagrre she was using self defense and the boy should be i ntrouble to
by by indybay: haven for racists Wednesday, Aug. (maria.lebron [at] my.gibbsny.edu)
What the fuck is wrong with you you think that ever problem that happens has to do with mexican because if that is the cause you better be careful that the mexican that is parking your car or preparing your food or what ever the job title is doen't hit you with a rock. It was a simple disagreement between two kids who are very sorry that the problem arouse. Who is two say that ever kid that start a fight is arrested? Sorry was said and they should let by-gone be by-gone
by jp (fabilus33)
Everyone who would dare agree with the police in this situation should be ashamed of themselves. There is absolutely no excuse whatsoever, for this little girl having to go through what she did. Not that it makes it right, either way, but since it did happen to her, why wasn't the little boy taken to juvi and put on an ankle monitor???????????????
This is the most ridiculous story I have ever heard, and I cannot believe anyone, anywhere, would allow any police to get away with something like that. THESE KIDS ARE 11!!!!!!!!!!
What has this world come to???????????
by leslie
justin (notice the typing lower case) you need to know what tough love is and what lessons should be accomplish when teaching tough love. They a destorying a little girl's life and wasting tax payers money.
by april
Didn't you read the beginning? She was the victim they were taunting her. In my opinion that was self-defense. She had her 1 year old brother in her lap and she was still being victimized by these boys. She did what she had to do to get them out of her way. It wasn't malicious because following the incident she ran and apoligized to his parents. The police victimized her again.
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