# Cry in school, go to jail **URL:** \ **Category:** The BBQ Pit\ **Created:** [April 21, 2006, 8:26pm UTC](https://boards.straightdope.com/t/cry-in-school-go-to-jail/353681 "2006-04-21T20:26:06Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Tinkertoy](https://avatars.discourse-cdn.com/v4/letter/t/f19dbf/32.png) [@Tinkertoy](https://boards.straightdope.com/u/Tinkertoy)\ **Post date:** [April 21, 2006, 8:26pm UTC](https://boards.straightdope.com/t/cry-in-school-go-to-jail/353681/1 "2006-04-21T20:26:06Z")
At our local elementary school [a 7 year old threw a tantrum, and the adults lost their minds.](http://www.idahostatejournal.com/articles/2006/04/20/news/local/news02.txt) This poor child has speech and learning impediments, his father has left him, and these adults terrorize him for getting upset. > [@](#): > > When I got there he was just crying,” Alvarez said. “He said ‘Mom I want to go home.’” > > Fabian was seated at a desk inside a small cubicle in American Falls Principle Kay Jones’ office. > > Alvarez said she arrived at Hillcrest 30 minutes before Fabian was taken away and asked to take him home, but was told it was too late - Power County Magistrate Judge Mark Bebee had already issued the detention order. > > Harms said if Fabian didn’t walk to his truck willingly, he would put the 48-pound second- grader in handcuffs. > > “There was nothing I could do,” said Alvarez. > [@](#): > > Fabian Alvarez was transported and booked into the detention center, given an oversized jail uniform and kept isolated away from the older inmates for three nights and four days. I can’t believe these idiots took it to this extreme. > [@](#): > > Pocatello Attorney Mark Echohawk represented Fabian Alvarez after he was charged with two counts of disturbing the peace in the incident that landed him in jail. > > Echohawk asked Power County Prosecutor Paul Laggis to dismiss the case in the interest of justice and argued that the 7-year-old child didn’t have the mental capacity to form the willful and malicious intent to disturb the peace as required by law. > > “That’s too young for anyone to stand trial, to help in their own defense and to understand the proceedings against them,” Echohawk said. “And a court appointed expert agreed.” > > But Laggis refused to drop the charges and a trial date was set. > > During the trial, Judge Bebee determined that a psychological evaluation indicated Fabian Alvarez was incompetent to stand trial and did not act with malicious intent, but authorities then launched a child protection case aimed at Renee Alvarez. Because she’s the one not acting in the child’s best interest? > [@](#): > > Echohawk attempted to meet with American Falls District 381 Superintendent Ron Bollinger to clarify the district’s position regarding law enforcement in the schools. > > “We want to have a public meeting to approach this issue. The elected officials have an obligation to deal with this,” Echohawk said. “Fabian was made to feel like a criminal. The fact that we can use nice names like detention to take the edge off, that doesn’t change the reality for him.” > > Bollinger, who declined to meet with Echohawk, could not be reached for comment. Having dealt with Bollinger on several occasions, it is my opinion he is hiding under his desk praying this will just go away. It won’t You will notice that the incident happened nearly six months ago. This has been kept very quiet until the mother finally hired a lawyer. This is a very small town so I know or have dealt with several of the people involved (my daughter was in special education at this school), and except for the officer who was doing what his job required the rest should be locked up for awhile themselves. ---
**Author:** ![Greathouse](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/greathouse/32/2992_2.png) [@Greathouse](https://boards.straightdope.com/u/Greathouse)\ **Post date:** [April 21, 2006, 8:33pm UTC](https://boards.straightdope.com/t/cry-in-school-go-to-jail/353681/2 "2006-04-21T20:33:05Z")
Sorry. I don’t see the big deal. ---
**Author:** ![Ms2001](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ms2001/32/18463_2.png) [@Ms2001](https://boards.straightdope.com/u/Ms2001)\ **Post date:** [April 21, 2006, 8:34pm UTC](https://boards.straightdope.com/t/cry-in-school-go-to-jail/353681/3 "2006-04-21T20:34:34Z")
Haven’t you heard? Children magically become adults the moment they break the law. ---
**Author:** ![Tinkertoy](https://avatars.discourse-cdn.com/v4/letter/t/f19dbf/32.png) [@Tinkertoy](https://boards.straightdope.com/u/Tinkertoy)\ **Post date:** [April 21, 2006, 8:37pm UTC](https://boards.straightdope.com/t/cry-in-school-go-to-jail/353681/4 "2006-04-21T20:37:04Z")
> [@Greathouse](#): > > Sorry. I don’t see the big deal. The big deal is they terrorized a 7-year-old child. He will never again trust the police or other people in authority. ---
**Author:** ![Left\_Hand\_of\_Dorkness](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/left_hand_of_dorkness/32/7156_2.png) [@Left\_Hand\_of\_Dorkness](https://boards.straightdope.com/u/Left_Hand_of_Dorkness)\ **Post date:** [April 21, 2006, 8:38pm UTC](https://boards.straightdope.com/t/cry-in-school-go-to-jail/353681/5 "2006-04-21T20:38:01Z")
> [@Greathouse](#): > > Sorry. I don’t see the big deal. You don’t see the big deal behind throwing a seven year old in jail for three days? I don’t care if he mowed down a class with a submachine gun, jail is not an appropriate place for a seven-year-old to go. This is outrageous. Daniel ---
**Author:** ![tdn](https://avatars.discourse-cdn.com/v4/letter/t/94ad74/32.png) [@tdn](https://boards.straightdope.com/u/tdn)\ **Post date:** [April 21, 2006, 8:40pm UTC](https://boards.straightdope.com/t/cry-in-school-go-to-jail/353681/6 "2006-04-21T20:40:11Z")
I didn’t grok much about the nature of the tantrum. Was this kid a danger to himself and others? If so, I can see him going into some kind of detention. For MAYBE an hour or two. ---
**Author:** ![Giles](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/giles/32/60_2.png) [@Giles](https://boards.straightdope.com/u/Giles)\ **Post date:** [April 21, 2006, 8:49pm UTC](https://boards.straightdope.com/t/cry-in-school-go-to-jail/353681/7 "2006-04-21T20:49:10Z")
> [@Greathouse](#): > > Sorry. I don’t see the big deal. Any system where a 7-year-old can spend any amount of time in jail has serious problems. Especially if that child has a parent available, who is not alleged to be abusing the child or endangering the child. And how long elapsed between the time the kid was arrested and the kid being given access to a lawyer? (Note that it would be unfair to expect the kid to ask for a lawyer – 7-year-olds don’t understand stuff like that veryu ell). ---
**Author:** ![jali](https://avatars.discourse-cdn.com/v4/letter/j/ecae2f/32.png) [@jali](https://boards.straightdope.com/u/jali)\ **Post date:** [April 21, 2006, 8:51pm UTC](https://boards.straightdope.com/t/cry-in-school-go-to-jail/353681/8 "2006-04-21T20:51:57Z")
> [@Greathouse](#): > > Sorry. I don’t see the big deal. Almost unbelievable. You don’t see the big deal for a _SEVEN_ year old to go to jail? I pity the children you come in contact with. ---
**Author:** ![GLWasteful](https://avatars.discourse-cdn.com/v4/letter/g/f05b48/32.png) [@GLWasteful](https://boards.straightdope.com/u/GLWasteful)\ **Post date:** [April 21, 2006, 8:56pm UTC](https://boards.straightdope.com/t/cry-in-school-go-to-jail/353681/9 "2006-04-21T20:56:55Z")
> [@tdn](#): > > I didn’t grok much about the nature of the tantrum. Was this kid a danger to himself and others? If so, I can see him going into some kind of detention. For MAYBE an hour or two. Yeah, but there’s a world of difference between detention and juvie. The most fucked up thing was, > [@](#): > > Jones said school policy was followed in the incident. So very sorry, but if your school policy is to have elementary school students taken to the juvenile detention center when they act up, then you need to get your board to look into those policies right the fuck away. > [@](#): > > “He tells his brother, ‘be good or you’ll go to jail,’” Renee Alvarez said. There’s something deeply wrong with a seven year old kid passing on wisdom such as that. ---
**Author:** ![mhendo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mhendo/32/3159_2.png) [@mhendo](https://boards.straightdope.com/u/mhendo)\ **Post date:** [April 21, 2006, 8:57pm UTC](https://boards.straightdope.com/t/cry-in-school-go-to-jail/353681/10 "2006-04-21T20:57:39Z")
> [@Greathouse](#): > > Sorry. I don’t see the big deal. Well, no-one said that stupidity was confined to the people mentioned in the OP. You’ll probably wake up eventually. ---
**Author:** ![Contrapuntal](https://avatars.discourse-cdn.com/v4/letter/c/e274bd/32.png) [@Contrapuntal](https://boards.straightdope.com/u/Contrapuntal)\ **Post date:** [April 21, 2006, 8:59pm UTC](https://boards.straightdope.com/t/cry-in-school-go-to-jail/353681/11 "2006-04-21T20:59:39Z")
> [@Greathouse](#): > > Sorry. I don’t see the big deal. I know you’re lying about the ‘sorry’ part. As for the rest, you are either trying to jerk someone’s chain or just about the biggest dumbass around. Not a big deal for a seven year old to spend three days in jail? Perhaps a visit to the optometrist is in order. ---
**Author:** ![Greathouse](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/greathouse/32/2992_2.png) [@Greathouse](https://boards.straightdope.com/u/Greathouse)\ **Post date:** [April 21, 2006, 9:06pm UTC](https://boards.straightdope.com/t/cry-in-school-go-to-jail/353681/12 "2006-04-21T21:06:03Z")
Ok. I haven’t even read the responses yet. Calm down people. That was in the wrong fuckin thread. The only reason I cam back in here was because I was the little icon showing I had made a post in here. That was definitely the wrong post to the wrong thread. ---
**Author:** ![Giles](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/giles/32/60_2.png) [@Giles](https://boards.straightdope.com/u/Giles)\ **Post date:** [April 21, 2006, 9:09pm UTC](https://boards.straightdope.com/t/cry-in-school-go-to-jail/353681/13 "2006-04-21T21:09:01Z")
> [@Greathouse](#): > > Ok. I haven’t even read the responses yet. Calm down people. That was in the wrong fuckin thread. The only reason I cam back in here was because I was the little icon showing I had made a post in here. That was definitely the wrong post to the wrong thread. Thanks for the clarification – I did find the response really odd in this thread. Now we can go back to pitting the real villains. ---
**Author:** ![Greathouse](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/greathouse/32/2992_2.png) [@Greathouse](https://boards.straightdope.com/u/Greathouse)\ **Post date:** [April 21, 2006, 9:09pm UTC](https://boards.straightdope.com/t/cry-in-school-go-to-jail/353681/14 "2006-04-21T21:09:53Z")
Now then. I certainly do see a problem with putting a 7 year old child in jail for any amount of time, especially for an extended period of time such as several days. This is a fucked up situation and everyone involved needs to have their asses thrown in jail. ---
**Author:** ![mhendo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mhendo/32/3159_2.png) [@mhendo](https://boards.straightdope.com/u/mhendo)\ **Post date:** [April 21, 2006, 9:12pm UTC](https://boards.straightdope.com/t/cry-in-school-go-to-jail/353681/15 "2006-04-21T21:12:12Z")
> [@Greathouse](#): > > Ok. I haven’t even read the responses yet. Calm down people. That was in the wrong fuckin thread. The only reason I cam back in here was because I was the little icon showing I had made a post in here. That was definitely the wrong post to the wrong thread. Fair enough. I retract my abuse. ---
**Author:** ![Tinkertoy](https://avatars.discourse-cdn.com/v4/letter/t/f19dbf/32.png) [@Tinkertoy](https://boards.straightdope.com/u/Tinkertoy)\ **Post date:** [April 21, 2006, 9:18pm UTC](https://boards.straightdope.com/t/cry-in-school-go-to-jail/353681/16 "2006-04-21T21:18:51Z")
> [@Greathouse](#): > > Ok. I haven’t even read the responses yet. Calm down people. That was in the wrong fuckin thread. The only reason I cam back in here was because I was the little icon showing I had made a post in here. That was definitely the wrong post to the wrong thread. It’s all good. ---
**Author:** ![appleciders](https://avatars.discourse-cdn.com/v4/letter/a/85f322/32.png) [@appleciders](https://boards.straightdope.com/u/appleciders)\ **Post date:** [April 21, 2006, 9:47pm UTC](https://boards.straightdope.com/t/cry-in-school-go-to-jail/353681/17 "2006-04-21T21:47:15Z")
Alright, then, back to your regularly scheduled pitting. It’s true that there’s a world of difference between juvie and “real” jail, but I doubt a seven year old can tell the difference. **Tinkertoy** , you say this happened six months ago? What eventually came of it? ---
**Author:** ![Skywatcher](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/skywatcher/32/254_2.png) [@Skywatcher](https://boards.straightdope.com/u/Skywatcher)\ **Post date:** [April 21, 2006, 9:48pm UTC](https://boards.straightdope.com/t/cry-in-school-go-to-jail/353681/18 "2006-04-21T21:48:57Z")
> [@tdn](#): > > I didn’t grok much about the nature of the tantrum. Was this kid a danger to himself and others? If so, I can see him going into some kind of detention. For MAYBE an hour or two. Reminds me of this thread from a year ago: [Video shows police handcuffing 5-year-old](http://boards.straightdope.com/sdmb/showthread.php?t=313480&highlight=girl+tantrum). ---
**Author:** ![magellan01](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@magellan01](https://boards.straightdope.com/u/magellan01)\ **Post date:** [April 21, 2006, 10:02pm UTC](https://boards.straightdope.com/t/cry-in-school-go-to-jail/353681/19 "2006-04-21T22:02:13Z")
What a bunch of fucking idjits. The mother is there to take him home and is told she can’t because he has to got to jail? And instead of maybe taking him there for a couple of hours to makes sure he gets the message, they keep him there for three fucking nights? I hope this goes to trial and the dickhead prosecuter can stand up there and show what a shmuck he is? Especially after now that he won’t drop the charges. And the school? They actually have a policy that a 7-year-old’s tantrum—sorry, repeated tantrums—results in him spending three nights in jail? I’d make them stand up and explain that with a straight face. To the media, countless times. :smack:. Just :smack:, :smack:, :smack: . ---
**Author:** ![Metacom](https://avatars.discourse-cdn.com/v4/letter/m/ecae2f/32.png) [@Metacom](https://boards.straightdope.com/u/Metacom)\ **Post date:** [April 21, 2006, 10:06pm UTC](https://boards.straightdope.com/t/cry-in-school-go-to-jail/353681/20 "2006-04-21T22:06:48Z")
We need to get this kid into a boot camp before it’s too late. 😛 [Next page](https://boards.straightdope.com/t/cry-in-school-go-to-jail/353681.md?page=2)