'Three Stooges' Action Lands Boy in Court

Yahoo News & Mail Tribune ^ | August 8, 2005

[lunarbicep]

'Three Stooges' Action Lands Boy in Court

A 15-year-old boy who pinched and twisted the nipples of a 13-year-old has been sentenced to three days of community service for harassment.

David Thumler, 15, said the "titty-twister" was just horseplay. The mother of 13-year-old Matthew Cox counters that the incident was humiliating for her son, who saw it as an assault from an older, bigger bully.

"They're not friends," she said. "If he was my son's friend, it would be a different thing," said Bobby Cox.

In addition to the community service, Thumler has been ordered to pay a $67 fine and the misdemeanor has been placed on his permanent record. He can request to have it removed when he turns 18.

Ken Chapman, a Jackson County juvenile probation supervisor, said Oregon law defines physical harassment as "offensive physical touching."

That includes such adolescent antics as "wet-willies," "wedgies," "swirlies," "noogies" and all other forms of "Three Stooges" behavior, Chapman said.

According to David, the two boys were in line at a local deli when Matthew jokingly made an embarrassing remark to the female clerk about David. In retaliation, David counterattacked with the "titty-twister," the 15-year-old said.

"It's a thing of camaraderie," David said. "If he's going to assume our friendship is on that level, then so am I."

A lawyer hired by the 15-year-old's family called the juvenile court's actions "Orwellian."

"They call this 'baby assault,'" said Michael Kellington, a criminal defense attorney in Medford, hired by the family.

Even Bobby Cox said she was surprised to hear that her husbands' call to Gold Hill police resulted in court time for the boy. "Nobody informed me it would be a full-blown trial," she said.

According to Kellington, the incident was blown out of proportion in part because David's mother refused to let him show up for an initial hearing in juvenile court. Christine Alford, David's mother, said she did not let her son attend the hearing because she had seen photos of teenagers in handcuffs on the county's Web site.

Kellington said that Alford's refusal to let David go upped the ante and brought down "unfair, Draconian measures" upon her son. What should have been a discussion between first-time-offender and a representative of the juvenile justice system became a court trial.

"The mom is understandably fearful," said Kellington. "You shouldn't retaliate for the decision of a parent upon the child."

Chapman, the juvenile probation supervisor, said the mother should have known better.

"'Hearing' doesn't mean 'taking into custody,'" he said. "When we take someone into custody, we don't make appointments. If there's a consequence for not coming in informally, well, that's one they chose."

 

[Christine Alford]

You are pretty perceptive. That was the real issue, not the titty twister itself, even the silly man who called the cops wasn't the main issue. The incident was sent in to the Juvenile Department (aptly named), as a NON CRIMINAL INCIDENT. He was then "scheduled by his probation officer to an intake interview" in order to examine him further. Notice anything missing? no accusing instrument, no plea, trial, conviction??? Well we did, I think anyone who watches lawyer movies would. When David declined to attend their star chamber, then it became a crime extraordinaire. It was only the sensational nature of the "crime" that brought this farce of system to light. There were plenty of people that told David not to go further, go in and kiss up to Ian McDonald but he is young and as yet, not as calloused as we have all become about the system. The only thing anyone really feared was having to attend one of their mind numbing "programs", like the offender program, or the "fire started program" any way, I didn't teach my children to "salute the hat" of every public employee that envisions himself as more powerful than he should be allowed to be. Judge Crain should consider running a laundromat, she would be better suited to it.

[Treader]

So, who are you, Christine Alford or David Thumler?

[WestVirginiaRebel]

"Oh, a wise guy, eh?"

"We are morons through and through, here to do our job for you!"

[Treader]

So, Christine, you or David can answer my previous query- unless there are others within, just waiting to respond. Hey, let's have a Freeper bi-valve seance?

[ApplegateRanch]

August 7, 2005
‘Stooges’ act gets teen fine, sentence
Families dispute events between Gold Hill boys
By SANNE SPECHT
Mail Tribune

Alford’s refusal to let David go to the intake hearing upped the ante and brought down "unfair, Draconian measures" upon her son, Kellington said.

"Intake hearing" has been used here; in the original article I commented from, "the word was "initial"; that is normally synonymous to 'preliminary'. In any case, that is a quibble; the fact stated in every article is that a hearing was deliberately missed, by your refusal to allow attendance.

"One resident who's proud of her reputation as a troublemaker is former Councilwoman Christine Alford, who last summer collected written complaints about Crawford and passed them on to Jackson County's sheriff and district attorney and Gold Hill officials."

Newshawk: Portland NORML (http://www.pdxnorml.org/)
Pubdate: Sun, Apr 25 1999
Source: Oregonian, The (OR)
Copyright: 1999 The Oregonian

Okay, I'll publicly apologize.
I'm sorry I put words in your mouth, simply because a news story had already done so. It was an attribution, not a quote. I did not read carefully enough, while synthesizing several search results.

I'LL TEACH MY KIDS NOT TO BE COWARDS OR TO HESITATE TO DO WHAT IS RIGHT...

So, it is "right" to physically respond (commit assault) in response to a non-direct verbal statement, made to a third party? Confront, and defend, yes; physically attack, no.

[texan75010]

A massive physical assault is the only answer to this type of abuse. On one occasion a 2x4 to the gut as the bully turned the corner was a valuable lessoned learned by him as to whom he could and could not be pick on. If they are not left bloody or gasping for air then your retaliation will only egg them on.

If you are of the mind that a titty twister never REALLY hurt anyone, then I agree. Likewise, a massive blow to the gut with a board or to the knee with a bat will not kill you but it will send a message. Additionally, if your ribs are broken, it becomes difficult to bully. If your knee is bent backward, it becomes difficult to walk, let alone bully.

If someone is going to court, let it be me. Let the bully explain to his friends how someone half his size managed to get the better of him.

[Christine Alford]

You miss the point, I don't condone the twisting, never did it, never even knew it was a "thing". But since may others have 'read between the lines" and had it clarified even more by Ken Chapman, David was punished not for the action, that they admit would not have resulted in court, he was punished because he declined their invitation to be further examined. If the original officer Dean Muchow, filed a NON CRIMINAL INCIDENT report, and NO CITATION was issued, what exactly could be gained by submitting to further examination? I don't want my children to learn to give up any rights they have, like the right to say you are innocent (his guilt was judged on his intention by the way, not the action), just because "you are really going to get it if you buck the "system". Today, they further demonstrated their sadistic tendencies by placing a phone call to the Gold Hill Public Works director informing him that David can not do his community service at the public works, although other offenders will still be assigned there. When is it a good time to reign in abusive public employees? only after they are caught on video tape "punishing" people with broomsticks in orifices?

[Christine Alford]

I can see that point to and if it was a case of David bullying someone, I would be the first to be after him for it. I always told my kids when some one bullied them, "I am sorry about that, but I'll be sorrier if I ever find out you treated someone like that."
The victim is 25 lbs heavier than David. There was no existing problem between the boys until the father made something out of it that it wasn't. When the waitress said to David "What do you want" and the Cox kid chimed in "yo mama" do you think that was taken at face value? My son saw an awkward kid who he thought was trying to act cool to fit in and my son treated him the way that they treat each other. The reason that the subsequent representation of this thing was so offensive to us is EXACTLY because David was depicted as an uncivilized bully when the opposite is true. He is a kind person and never would have deliberately exacerbated a socially backwards child problem. I found out later that David believed titty twisters to be okay because it is usual and customary practice in the school, including teachers giving them to kids. Mr. Lewis, a teacher of Davids, came to court to testify to that fact. I was not aware of that code, but apparently titty twisters are only given to comrades, not enemies. On the other hand, I can not say I was surprised when an 11 year old boy yesterday stated that Matt Cox, his neighbor, routinely punches him in the balls, an action that I don't believe has ever been construed as friendly.

[Christine Alford]

I will answer them if I can find your posts.

[Christine Alford]

I am Christine, Davdi just stopped by and used my registration last night,

[Christine Alford]

I can't find any posts that are from TREADER, maybe I am looking in the wrong place.

[RedBeaconNY]

Come on, I've been lifted up by my nipples... life goes on.

[texson66]

Personally, I find the 15 yo's behavior irresponsible, bullying, and crude. The 15 yo first needs to apologize in open court to the 13 yo and then perform 3 months of community service.

Why involve the court? It is clear that the 15 yo was raised by parents incapable of dealing as adults with other adults to retify this situation.

IMHO, The 15 yo should have been charged with sexual assault!

[VermiciousKnid]

See, now, we used to call this maneuver a "purple nurple."

[knuthom]

If your kid gave my 13 yr/old a "titty twister", I'd call the cops too. I don't believe bullying should be left to kids to resolve. I believe it should be stopped by adults, preferably the parents. But these days so many parents make excuses for their kids that the cops would probably be necessary.

[NCLaw441]

This isn't moral relativism. If I kiss my wife that is one thing. If some other guy does it, it is assault (double assault, because after he does it, I will assault HIM). When a friend punches your arm in jest, that is one thing, it is almost welcome, but not so the neighborhood bully. Sorry, I have to disagree with you on this point.

[Bob]

Wonder how bad the kid will be taunted now?...his mommy and daddy had to call the cops over a titty twister?

Next thing you know, somebody's gonna give this kid an Atomic Wedgie!

[Christine Alford]

I can't find any posts that are from TREADER, maybe I am looking in the wrong place.

[Christine Alford]

I can't find any posts that are from TREADER, maybe I am looking in the wrong place.

[jetson]

I don't think the Stooges ever did a "titty twister." The eye-poke thing, yes. Hitting the other guy over the head with a hammer, yes. Smacking him with a board or a pipe, yes. Squeezing the nose with a pair of pliers, yes. But no titty twisters. That's just juvenile.

I agree the stooges did not titty twist. That was even too low for curly.