A judge withholds a formal finding of guilt for a 14-year-old, who was tried as an adult, and gives him probation.
By COLLEEN JENKINS
Published August 28, 2003
INVERNESS - "Kids can be cruel."
Circuit Judge Ric A. Howard made that assessment Wednesday during the sentencing hearing for a 14-year-old boy who was tried before a jury in adult court in April and found guilty of battery.
The judge wasn't particularly referring to the boy accused of grabbing his female classmate's breast at a Citrus County middle school in December 2001, when the boy was 12. Instead, Howard used that consideration as the basis for deciding against sentencing the young man as an adult.
His wasn't the face or pattern of a sexual offender, Howard said. He was a boy with "inept and clumsy" social skills who needed to learn the proper way to deal with youthful sexual impulses.
He shouldn't have been tried as an adult in the first place, the judge said.
"I'm not going to compound that mistake by adjudicating you as guilty," Howard said in court. "You're a smart kid, and you're dealing with being a teenager. And maybe you're trying to fit in."
With that, based on trial testimony and psychological reports, Howard withheld a formal adjudication of guilt and put the boy on probation, ordering him to obey a curfew, have no contact with the girl and perform 50 hours of community service.
Most important, Howard said, he wanted the teen to participate in outpatient sexual offender counseling, anger management and family counseling.
A presentencing investigation revealed multiple complaints of lewd comments made by the boy at school. He is now homeschooled.
Before rendering the sentence, the judge asked the boy's parents to say they agreed to abide by his orders and not interfere with their son's counseling.
"We will not disturb anything," his father said.
They and their son's attorney, Jim Reich, sought to have a trial in adult court, an atypical move for such cases.
Previously, Reich would not explain the request.
He said Wednesday his decision was based on the fact that his client initially was charged with lewd and lascivious conduct toward the girl, who was his sixth-grade classmate. (Their names are being withheld because of their ages.) Reich wanted the charge dropped to battery, which Howard did after hearing the evidence in April.
"Under the circumstances, I thought it was a very, very fair disposition," Reich said after the hearing.
Assistant State Attorney Milan "Bo" Samargya, who handled the state's case, agreed with the sentencing. Howard's judgment followed the recommendations made by a psychologist who evaluated the boy. Samargya asked the judge to adopt the recommendations.
"This is certainly exactly what should have been done in this case from the start," the prosecutor said.
According to the psychologist's report, which was referred to in court, the girl, now in eighth grade, is coping well and will not suffer any serious, lasting effects from the incident.
