Do You Really Think They Won't Enforce A Red Flag order

[Trunk Monkey]

I bet the El Paso County Sheriff's Department is so proud of themselves over this.

https://krdo.com/news/2020/02/27/fo...ld-arrested-for-pointing-toy-guns-at-vehicle/

From the article:

"COLORADO SPRINGS, Colo. - The parents of a 10-year-old boy are speaking publically for the first time about their son being arrested and charged with a felony after pointing a toy gun at a car.

Stefanie and Lt. Col. Chris Carpenter say last summer their son Gavin was playing with his friend in a neighborhood near Constitution and Powers in Colorado Springs. One had a toy bow, the other had a toy shotgun with an orange tip.


“Neither one of the toys had any sort of projectile,” said the boy's father. The parents say their son and his friend were pointing the guns at cars as they drove by when one driver stopped and went to confront the boys.

Gavin and his friend ran inside the friend's house when the driver confronted the grandparents. The driver yelled at the grandfather saying the kids were shooting a BB gun at them, which the Carpenters say wasn't true.

The driver then called 911; three El Paso County Sheriff's deputies responded and arrested both boys for menacing."

They arrested a ten year old for playing with a toy gun.

Do you really think when somebody hands them an ERPO with your name on it they won't enforce it?

And I want to be clear, I absolutely believe that investigating this incident was appropriate because the cops didn't know until they got there that it was toy gun but seriously? They arrested a 10 year old for pointing a toy gun at cars but I think arresting a 10 year old broke felony was an extreme over reaction

 

[buck460XVR]

I'm sure there's much more to this story than the biased statements in this article from the parents. The same parents that didn't know their son was out in traffic pointing a toy gun at cars as they passed. In an area where folks need to be afraid of 10 year olds with guns. Now the young man has nightmares about the police? Give me a break. They didn't beat him. They didn't lock him up and feed him bread and water, nor did he get raped by a 6'6" cellmate. He had to do some community service to get the charges dropped. I'd have to know more before I made any sort of real judgement. As for being related to Red Flag laws, I see no semblance. As for the cops serving a warrant....isn't that their job? They do not make laws, nor do they make judgement, only enforce laws on the books. Seems they swear to that or something.

 

[Trunk Monkey]

I'm sure there's much more to this story than the biased statements in this article from the parents. The same parents that didn't know their son was out in traffic pointing a toy gun at cars as they passed. In an area where folks need to be afraid of 10 year olds with guns. Now the young man has nightmares about the police? Give me a break. They didn't beat him. They didn't lock him up and feed him bread and water, nor did he get raped by a 6'6" cellmate. He had to do some community service to get the charges dropped. I'd have to know more before I made any sort of real judgement. As for being related to Red Flag laws, I see no semblance. As for the cops serving a warrant....isn't that their job? They do not make laws, nor do they make judgement, only enforce laws on the books. Seems they swear to that or something.

They most assuredly did lock him up. If you read the article he has a class 5 felony on his record. That means that he either took a plea deal or his parents took a plea deal or he was convicted.

I don't care about the article saying that the felony was expunged from his record I promise you that's going to follow him for the rest of his life.

And again I have no problem with the Sherriff's Department responding to the call and investigating but was there really a need to do a felony arrest on a 10 year old?

 

[buck460XVR]

They most assuredly did lock him up. If you read the article he has a class 5 felony on his record. That means that he either took a plea deal or his parents took a plea deal or he was convicted.

I don't care about the article saying that the felony was expunged from his record I promise you that's going to follow him for the rest of his life.

And again I have no problem with the Sherriff's Department responding to the call and investigating but was there really a need to do a felony arrest on a 10 year old?

I agree with most everything you say. The charges were upheld by the DA and apparently a judge. That tells me something. But without all the facts and backstory, hard for me to make a reasonable judgement. As per the article...

After hours of community service and other tasks, the felony was expunged from his record.

as per the dictionary...

ex·punge
/ikˈspənj/

Learn to pronounce

verb
past tense: expunged; past participle: expunged
erase or remove completely (something unwanted or unpleasant).

I kinda doubt it will follow him much of anywhere.

 

[Trunk Monkey]

I agree with most everything you say. The charges were upheld by the DA and apparently a judge. That tells me something. But without all the facts and backstory, hard for me to make a reasonable judgement. As per the article...


as per the dictionary...


I kinda doubt it will follow him much of anywhere.

I'm not a lawyer and neither are you but I don't doubt it will follow him for the rest of his life.

Based on what information we have I think the sheriff's department overreacted.

Bill Elder talks a big game about how unconstitutional red flag laws are but if his department will arrest a 10 year old for playing with a toy gun they will kick down your door and take your gun when a judge tells him to

 

[Tommygunn]

1.) Cops WILL serve red flag orders. I don't think there is any question about this. It's their job. If we the people do not like those laws, we need to make ourselves heard by informing our representatives how we feel, and by voting.

2.) No one, including children, should be pointing bb guns, cap guns, squirt guns, or any type of gun at a car. A startled, fearful driver might react poorly with tragic consequences. The parents of the kids should have ended this behaviour!

The police should have responded. Barring any evidence of actual shooting, such as dings, broken glass, etc., if the police find there was no actual damage, I think the officers should have issued a stern lecture to both kids and parents about guns, bb type or otherwise, and point out the possible consequences.

But I do agree this was taken much too far.

 

[AlexanderA]

Even 10-year-olds should know better than to point what appear to be weapons at passing cars. Their parents failed to teach them this but are now complaining that the authorities overreacted. I don't think the police did anything wrong under the circumstances.

 

[Trunk Monkey]

1.) Cops WILL serve red flag orders. I don't think there is any question about this. It's their job. If we the people do not like those laws, we need to make ourselves heard by informing our representatives how we feel, and by voting.

2.) No one, including children, should be pointing bb guns, cap guns, squirt guns, or any type of gun at a car. A startled, fearful driver might react poorly with tragic consequences. The parents of the kids should have ended this behaviour!

The police should have responded. Barring any evidence of actual shooting, such as dings, broken glass, etc., if the police find there was no actual damage, I think the officers should have issued a stern lecture to both kids and parents about guns, bb type or otherwise, and point out the possible consequences.

But I do agree this was taken much too far.

I agree with everything you said. This is the point that I was trying to make. There is such a thing as officer discretion and whoever arrested that kid took this way farther than it needed to be

 

[doubleh]

What ever happen to common sense? The kids shouldn't have been doing what they were doing but they are kids and kids don't think think things through like all we adults do. Maybe they were told not do what they did but again they are kids. Can any one on this forum say with a straight face that they followed their parent's instructions implicitly. I certainly didn't and can't name one kid I grew up with that did.

I believe a very stern lecture from the responding officers would have been enough in this case. If the kids ignored the offices in the future then sterner measures could be taken.

 

[Trunk Monkey]

Even 10-year-olds should know better than to point what appear to be weapons at passing cars. Their parents failed to teach them this but are now complaining that the authorities overreacted. I don't think the police did anything wrong under the circumstances.

You really think it's okay to make a felony arrest on a 10 year old for playing with a toy?

 

[GEM]

There is a lot of speculation on Red Flag laws based on an unrelated incident and incomplete information on the case. Not really productive.

Closing it.