Skip to comments.'Three Stooges' Action Lands Boy in Court
Posted on 08/07/2005 9:58:33 PM PDT by lunarbicep
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."
David openly admitted that he did this. He never learned it at home. Also testifying was another boy Dalton Bradley who rides motocross and he testified that Matt Cox gave him titty twisters all the time. SO is it always harassment or is it sometimes funny? I think it is in bad taste, have never thougth of doing or seen anyone else do it. However I hve located three teachers, 2 in District 6 and one in Eagle Point School District that have been dong it to the kids, themselves. So if it is the new "pinch on the butt" that one day was so cute and the next day was costing people millions of dollars in lawsuits, everyone should be grateful that this went public. PS Does your kid kick your neighbors kids in the balls? This kid does, and does your kid give out titty twisters? This kid does.
No, it is not right to admit that your intentions were malicious when they were not. It is not right to bear false witness against yourself in order to avoid consequences.
If you were laughing and some food flew out of your mouth and another person called the police and said you spit in their face maliciously, would you concede to that? The accusation that David MALICIOUSLY touched that boy, is an extrememly serious charge to us, and to him. That fact has been overshadowed by the sensational "titty twisting", aspect. That is why he was so adamant, that the intention was never malicious. And he apologized to the boy at the bike track months ago.
LOL - You got that right ...nyuckk, nyuck, nyuck ...
You have answered my post. Thanks!
That should be single hand double-finger eye poke.
As you are probably aware, the counter-counter move to the perpendicular hand defense counter-move, is of course, the two-handed single-fingered eye poke.
That is true.
It is followed closely by "we'd been drinking when..."
Coming in third is plain, basic stupidity.
I've never done much in juvenile law, but I'm amazed that it was escalated to this point..
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