6 votes

15 Year Old Boy Sentenced and Convicted as Adult for Videotaping a Fight

This story is actually about my cousin's son. He is having a Sentence Reduction Hearing on Wednesday, 4/20/11. I am trying to get as many people as possible to sign a petition. So I will really appreciate all the help I can get.

To sum up this story... David Fernandes was 15 years old at the time of this incident. Basically, he videotaped his friend beating up another student. David didn't lay a finger on the other kid. It does appear as though he was sort of "cheering" on his friend while this was taking place, but again, he never once touched the victim. The victim was fine and was cleared to play football that same week.

One hour after the incident happened, the principal of the school called David's family to tell them what had happened. David immediately told them what happened and handed over the video. There was a police officer at the school who later testified that he did not arrest David because he did not see a crime that was committed by David.

Some time later, David was arrested. His case was immediately moved up to adult court without due process. He was found guilty in adult court of Second Degree Accessory to Assault. He was sentenced to 1 year jail time in adult prison. (15 years old).

The case was appealed, and David won the appeal by unanimous decision. However, the appeal was later overturned by the Supreme Court of Connecticut. David is now 20 years old and is now serving time in prison.

Now, Like I said, David was no angel. He made a stupid 15 year old mistake. But it is very obvious that the penalty doesn't fit the crime here.

Here is a link to an article about the situation...
http://www.reuters.com/article/2011/04/15/idUS139355+15-Apr-...

Also, this is the website that I created to try to help out. You can find some of the Court Documents on the site. You can also find the link to the Petition.
http://www.justicefordavid.net

I ask all of you for your support. Please go to the site, leave a comment and please sign the petition.

Thank you!



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I signed the petition

David was wrong, but this adult punishment is over the top.

Take away his cell phone for a month or two. That will teach him.

Just like on Seinfeld

Sounds just like the Seinfeld finale. Videoing a fat guy getting robbed and going to jail.

Not Buying It

This is complete BS. If I'm understanding this correctly, David taped his friend kick the shit out of another kid. If that's the case, I'll quote Ron Paul:

"Let it not be said that we stood by and did nothing."

Standing by and watching a crime (or in this instance, capturing it), is just the same as committing the crime itself. He had the option of stopping or preventing it - but he did nothing. I understand that he's family but if someone had kicked the shit out of him while another kid taped and made discouraging comments, I doubt you'd have the same take.

He didn't just video it

he cheered him on.

And to the tools who gave this comment a thumbs down, you are fooling no one.

Now here is another

Now here is another interesting point...

My cousin has been trying to get the governor of CT to get involved in this case. He said that he can not get involved. However, I wonder how much of his authority he used to help his own 21 year old son out...

He received only probation for an armed robbery!

"Benjamin, the 21-year-old son of the mayor, pleaded guilty Wednesday to attempted first-degree robbery and an older drug possession charge. In exchange, Malloy is to receive a 10-year suspended prison sentence and five years probation."

http://www.ctpost.com/default/article/Political-foes-voters-...

Looks like corruption and

Looks like corruption and injustice are alive and well in CT.

So typical

two sets of rules. Maybe that should be plastered all over the local newspapers. Things like this need exposer. I understand your cousin no longer even lives in Conn. Any luck with the ACLU? How is the kid holding up?

Peggy R, There appears to be

Peggy R, There appears to be some interest from the ACLU, but I am not sure where that is headed. He is trying to stay strong, but he is very stressed as you can imagine. He is tutoring other inmates now. His sentence reduction hearing is coming up in 2 days. I do not expect anything good to happen, because the state has been fighting against him since day 1 and they even said that they will do whatever they can to make sure the sentence holds. My only advice to him was to be prepared for the worst but hope for the best.

What is the motivation

for the state to be making such an extreme example of him. It would be much different if in the five years since he went on to commit other types of crimes. What were the conditions of his house arrest. I was having lunch with a journalist friend yesterday an was telling her the story. She is in Massachusetts but does have friends in Conn. She wanted more info. I'm not sure how much press coverage this got since I only saw a few articles. It just really appears to me this is some kind of precedent setting agenda.
There have been many studies done regarding teens and violent types of crimes. All studies showed that adolescents brains do not function like an adults. 15 year olds do not have the capacity to look at all the consequences of behavior. They also do not have the same impulse control as adults and can be capable of unspeakable violence in a pack mentality and setting. Did you ever read the book Lord of The Flies? Trying adolescents as adults and the outcome was worse for long term F/U on committing more acts of violence than the kids in the Juvenile system. Yet they seems to be a push now to try more children and adolescents as adults.
You mentioned the father of the boy who got beat up was in the corrections systems.

Peggy Please contact me through the www.justicefordavid.net site

Peggy

Please have your friend contact me through the justice for david site. I have many court documents and would love to talk to the press

Sent you an email

got an email back saying you were on leave.

.

.

I can relate

I was 13 and had two mutual friends get into a physical fight. one cheap-shotted the other and was beating the other on the ground. I kicked the "winner" in the ribs and pulled him off my other friend. Out of spite of "picking" my other friend over him, he pressed charges against me. As a 13 year old kid I faced serious felony battery charges, all due to spite. Luckily, I was only convicted of misdemeanor battery. Best of luck to your family member.

Just read some of the news articles

Did anyone happen to notice that the Fernandes got more time than the kid that actually beat the other boy up. Nielson got two years, Fernandez got sentenced to three years in prison, suspended after one year served, and three years' probation. Nielsen pleaded guilty to second-degree assault and conspiracy to commit assault and was sentenced in 2007 to two years in prison. I smell some rotten Politics here. I wonder if the fact that his last name is Fernandes has anything t do with this?

There is another assault going on and that is against the youth in this country and especially boys. There were cases were a girl would have sex with the foot ball players, and I don't mean rape, I mean consensual and all the boys are charged with statutory rape. This government wants kids to think and act as adults the minute they pop from the womb. They want them to be afraid to think, say, or challenge the powers that be. If they make a mistake they will be punished to the full extent. If you ask me there is a movement to emasculate males in this country. Any signs of aggressive thoughts, sexual thoughts and behaviors will be a punished.

What ever happened to freedom

Whatever happened to freedom of the press?

as I said below.. this is

as I said below.. this is nothing more then revenue enhancement. Support for a prison system.. Who has more people locked up in Prison then any country in the world?

One 20 year old is "revenue enhancement"?

Please keep the day job, repeating Butler's silver advice.

You do not think very

You do not think very clearly..

Yet you think

I should be killed.

Like I said, I used to like you.

lol... noooooo thats not what

lol... noooooo thats not what I said... I still like you...

What did you say?

Some jerk says to me:

"i wish you were the one
who was killed, you dumb ****!
you are part of the problem and you should have been in that crosswalk
the problem here, bozhi, is that the evidence proves you to be a liar and the policeman to be a murderer
i can not believe what you just said! oh, i get it...pre-emptive murder of our citizens because they have a possibility of a future threat?
freaking ridiculous...you are an idiot!"

When what I had said was I did not think the victim should have been killed. Then you say:

"he may have gone a little overboard but is right."

So you say he is right wanting me killed and I'm an idiot when I said the victim should not have been killed by the cop.

That's amusing

coming from the silver pumper.

what was the price of silver

what was the price of silver when I introduced it to the daily paul long before you were on this site?
7.50ish.... what is the price of silver today?
Yep pushing 44.00 Call me a silver pumper if you like but atleast I was RIGHT.

Jake Towne's picture

signed the petition!

.

Jake Towne
2010 Candidate for US Congress, PA-15
Liberty, Sound Money, the Rule of Law, and Accountability
TowneForCongress.com

Thanks Jake!

Thanks Jake!

This looks pretty simple to me

Nobody wants to see the kid get off scot free for his behavior. But otoh, does he deserve to be in a CT prison for 5 years? No.
He needs to pay the 9k in medical bills out of pocket. He also needs to do some type of community service, hard community service. Relentless community service. He also needs to address how to make amends to the family and the injured boy. Locking him up will not make him confront his behavior.
I just see this as something to be dealt with between the families involved and forego the state. They just want another inmate for the coffers.

Colchester, New London County, Connecticut

A quick review of the "original post" would yield the following:

"He was found guilty in adult court of Second Degree Accessory to Assault. He was sentenced to 1 year jail time in adult prison."

Not five years. One.

I think he should get off

I think he should get off scot free! He did not infringe upon any individuals life liberty or property. He did not commit any crime. He was holding a video camera.

Now onto the actual individual that committed the assault. Yes he should pay medical bills, yes he should be held criminally liable, and yes he should try to make amends with the family....no one on this thread is debating this.

I'm not talking legaleze

I'm speaking as a parent. If my kid participated in that I would want that child to have to pay consequences. I repeat, not legally. There has to be repercussions.

And as in scot free, I mean scot free from the judicial system. Not from the neighborhood system.

Colchester, New London County, Connecticut

Sorry I guess I misunderstood

Sorry I guess I misunderstood you when you were talking about medical bills and community service. I would agree with those if you're talking about the actual individual that was involved in the fight. But if you're talking about the kid who was video taping the fight while standing around with a group of onlookers/bystanders then I couldn't disagree with you more.