"Forever changed:" Parents say son faced felony charge for toy gun

[Elderberry]

KOAA by  Colette Bordelon 2/27/2020

Family says son was arrested at 10 years old

Colorado Springs parents are speaking out after they say their 10-year-old son was arrested because he and his friend were pointing toy weapons at passing cars in a neighborhood.

Christopher and Stefanie Carpenter are a military family living on base at Fort Carson. The Carpenters have three children, one of whom is Gavin. Last summer on July 24, the Carpenters said Gavin went to a friend's house for a sleepover. Gavin was first at the friend's grandparent's home before the kids were going to head to the friend's actual home. However, they never made it there.

While at the grandparent's home, the Carpenters said the two children were playing with a Nerf Bow and a toy rifle outside. "He definitely admits that he pointed that weapon at cars, multiple cars, not just the one that stopped, and he understands that's wrong," Christopher Carpenter said.

One driver stopped his vehicle when he saw the children pointing what he thought was a BB gun at him while driving. The Carpenters provided News5 with Ring Doorbell video from the grandparent's home, showing that driver coming to the door and saying he was going to call the cops. "Adults got heated, and unfortunately, two 10-year-old boys were arrested because of it," Christopher Carpenter said.

More: https://www.koaa.com/news/covering-colorado/forever-changed-parents-say-son-faced-felony-charge-for-toy-gun

[PeteS in CA]

The Carpenters said Gavin was charged at one point with felony menacing. He had to go through a diversion program, submitting his school grades frequently and completing community service. "We're probably at about $4,000 in order to get a 10-year-old's record expunged," Christopher Carpenter said.

Throughout the process, the Carpenters obtained an attorney and have watched the body camera footage released to them from the El Paso County Sheriff's Office. However, they still have one big question.

"The cops go to the side and mute their web cam, so you can't hear them talking of when they decide, I guess, what they're going to do. 'Cause when they unmute it, they walk over and they were like, 'unfortunately we have to arrest both of you,'" Stefanie Carpenter said. News5 is working to get that body camera footage.

As recently as 2 or 3 decades ago police officers and deputy sheriffs would have had the sense of proportion to call a little huddle with the kid and the (grand)parents, give a brief, stern, but polite chewing out, and ask the (grand)parents to teach their son better.

FWIW, my parents gave me suitably proportioned lectures when I had toy cap guns and again when I was about age 8 and had been given a BB gun for Christmas. The instruction increased in detail as, over several years, I "graduated" to an air rifle and then to a 20 gauge shotgun. And then to get a hunting license at age 12 or so, I was required by state law to take a hunter's safety course ... which, of course, was taught by an NRA member.

[240B]

Sounds like a lawsuit to me, with some heavy damages.
The kid should live rich the rest of his life because of extremist police reaction.
A 10 year old gets a felony charge for a Nerf gun, while every second person in Chicago/NYC/LA/Denver has a real illegal gun and walks.

[sneakypete]

As recently as 2 or 3 decades ago police officers and deputy sheriffs would have had the sense of proportion to call a little huddle with the kid and the (grand)parents, give a brief, stern, but polite chewing out, and ask the (grand)parents to teach their son better.

 

@PeteS in CA

2 or 3 decades ago no child would have gotten his hands on a BB gun without first KNOWING he would lose it for life if he ever pointed it at anyone. Blame the parents and grandparents,not the driver of the car.

I got into a dust-up like this when I was delivering mail in a city as a USPS letter carrier. I was stopped at a mail box putting mail in it,and when I looked up,a kid maybe 14 was standing 2 feet away pointing a freaking pellet gun at my head. I snatched it out of his hands and trotted the little freak up to his house and beat on the door until his mother came and opened it,and then I told her what happened and told her what WOULD happen if the little SOB ever did this again.

I am guessing she understood the seriousness of this,because despite my expectations,no complain against me was filed and I never saw the kid coming out to the mail box again. I am sure he came and got the mail,but he waited until I was gone to do it.

I guess it is possible they did call and file a complaint,and the station manager just ignored it and said nothing and wrote nothing in my record. A head shot from a pellet rifle a couple of feet away would be fatal. She is lucky charges weren't filed against her and her son.

[PeteS in CA]

@sneakypete, I don't blame the motorists. The glimpse they got probably was insufficient (distance and speed) to discern whether what they saw was a toy or something real.

[rangerrebew]

Two 10 Year Old Boys Arrested On Felonies For Playing With Toy Guns in Colorado
Avatar by Brock Simmons March 4, 2020 

10 year old Gavin Carpenter led into jail. Photo by Stephanie Carpenter

A couple of 10 year old boys were doing what 10 year old boys do, playing battle with some toy guns. Then someone called the police on them, and next thing the boys knew, they were being tossed into the back of police cars in handcuffs.


The two boys were charged with felony menacing, and forced to do community service, among other things.

Fox 21 in Colorado Springs reports:

    A Fort Carson family wants to share their story with others after their 10-year-old son was arrested and charged with Felony Menacing, a Class 5 felony, which has since been expunged.

https://www.thegatewaypundit.com/2020/03/two-10-year-old-boys-arrested-on-felonies-for-playing-with-toy-guns-in-colorado/

[GtHawk]

Those two police officers should be fired, they have neither the temperament or intelligence to deal with two children playing with toys, how can they be trusted to deal with a 'real" crime perpetrated by adults?

I had a similar situation with some over anxious, OK hysterical woman when I was the same age as these boys but my friend and I had an actual bow and field arrows and our big crime was walking down a residential street with a arrow knocked. However those police officers, after laughing, simply took us home and told our parents.......no cuffs, booking or felony.

[catfish1957]

Playing Cops and Robbers as a 10 year old?

Both sides get 5 to 10....

[mortarman]

At that age my dad an' his friends would bring .22 cal. rifles an' 410 shotguns to school. After school they would go small game hunting. It was called putting food on the table. An' my dad lived next door to the town cop.

 

[sneakypete]

At that age my dad an' his friends would bring .22 cal. rifles an' 410 shotguns to school. After school they would go small game hunting. It was called putting food on the table. An' my dad lived next door to the town cop.

 

@mortarman

I don't know how old you are,but I used to take a shotgun to school with me back in the early 60's because I would go duck hunting at sunrise,and then go to school. Naturally,I wasn't about to leave my double barrel 12 gauge,boots,and shells out in the car,so I would take them right into the school and lock them in my locker. Nobody paid the slightest bit of attention to me walking into the school holding a double barrel 12 gauge. It just never occurred to any of them to be afraid,and it never once occurred to me that anybody would be afraid of me.

The closest I got to getting into trouble for this was with a new math teacher that was an anal old fart with no sense of humor at all,and a vegetarian. I didn't like  him any better than he liked me,so I walked into his class one day holding a mallard I had killed a couple of hours earlier,and laid the bleeding dead duck on his desk as a gift. I then played innocent and claimed I was giving him a present to try to get on his good side. I got away with it,too!  I was told to never do it again,though.

[txradioguy]

Don't point the damn gun toy or otherwise at passing cars and you won't get arrested.

It's just that simple.

I can't believe the number of people around here (Colorado Springs) defying the kids and trashing the cops for how they handled the situation.

[PeteS in CA]

Don't point the damn gun toy or otherwise at passing cars and you won't get arrested.

It's just that simple.

I can't believe the number of people around here (Colorado Springs) defying the kids and trashing the cops for how they handled the situation.

I defended neither the cops nor the kids. In case my post above was somehow unclear:

1. The kids parents apparently failed to instruct their kids (as mine did, BTW) not to point even toy guns at people.

2. Or maybe the parents did, and the kids disobeyed. Either way, there is blame to be had among the kids family.

3. The motorists properly called the police. At distance while moving they probably could not discern toy from real.

4. It was proper for the police officers to come, as the kids were disruptive and might even have endangered themselves.

5. My problem with what the police did was their disproportionate response. Sternly lecturing the kids and parents would have proper; arresting, cuffing, and booking the kids was way over-the-top disproportionate.

6. As was the juvenile court's trying and sentencing them to community service.