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Teen sues after alleged snowball throw at police sent him to juvenile detention | Teen sues after alleged snowball throw at police sent him to juvenile detention |
(about 1 hour later) | |
For Dominique Rondeau, a snowball cost him 40 days in juvenile detention, in a case against him that was later dismissed. | For Dominique Rondeau, a snowball cost him 40 days in juvenile detention, in a case against him that was later dismissed. |
The trouble for the Detroit teenager began on 16 December 2013 after two Detroit public schools police officers, Freddy Wilson and Floyd Jenkins, claimed to have “clear” evidence that Rondeau hurled a chunk of snow at a police vehicle outside the high school where he was a student. | |
According to an arrest report filed by Jenkins, a group of three to four individuals near the vehicle was captured by a video camera on the side of the building. | According to an arrest report filed by Jenkins, a group of three to four individuals near the vehicle was captured by a video camera on the side of the building. |
Later that evening, the officers drove to Rondeau’s home and, according to a lawsuit since filed against the school district, entered “without a warrant and without consent”. The lawsuit was first reported by the Detroit Free Press. | Later that evening, the officers drove to Rondeau’s home and, according to a lawsuit since filed against the school district, entered “without a warrant and without consent”. The lawsuit was first reported by the Detroit Free Press. |
Rondeau was arrested and charged by the county prosecutor for malicious destruction of property. Detroit officers transported the teenager, then 16, to a juvenile facility that evening. | Rondeau was arrested and charged by the county prosecutor for malicious destruction of property. Detroit officers transported the teenager, then 16, to a juvenile facility that evening. |
A referee in the county’s juvenile court system set Rondeau’s bond at 10% of $20,000, an amount his family couldn’t afford. The financial predicament kept Rondeau at the facility through Christmas and the New Year, until a bench trial in February 2014. | A referee in the county’s juvenile court system set Rondeau’s bond at 10% of $20,000, an amount his family couldn’t afford. The financial predicament kept Rondeau at the facility through Christmas and the New Year, until a bench trial in February 2014. |
That’s when the county’s snowball case turned to slush. | That’s when the county’s snowball case turned to slush. |
According to a transcript of the hearing, Wayne County assistant prosecutor Katherine Gonzales said her evidence would show “that this young man hurled an object at the … windshield of the police car that was parked outside the school, and damaged that windshield”. | According to a transcript of the hearing, Wayne County assistant prosecutor Katherine Gonzales said her evidence would show “that this young man hurled an object at the … windshield of the police car that was parked outside the school, and damaged that windshield”. |
But when Judge Brian Levy called upon the prosecutor to show evidence from the video, he couldn’t. | But when Judge Brian Levy called upon the prosecutor to show evidence from the video, he couldn’t. |
And the charges were dismissed. | And the charges were dismissed. |
A spokeswoman for the county prosecutor’s office, Maria Miller, said Wilson and Jenkins asserted the video technology rendered them unable to pinpoint Rondeau. | A spokeswoman for the county prosecutor’s office, Maria Miller, said Wilson and Jenkins asserted the video technology rendered them unable to pinpoint Rondeau. |
“They claimed the video was not enhanced enough in court for them to identify the respondent,” she told the Guardian by email. | “They claimed the video was not enhanced enough in court for them to identify the respondent,” she told the Guardian by email. |
Rondeau – an “emotionally impaired” teenager who has previously been charged in the juvenile system for incorrigibility – was forced to miss months of school. He has since worked to catch up and is expected to graduate this summer, according to Wolfgang Mueller, an attorney who is representing Rondeau in a federal lawsuit filed in May over the snowball fiasco. | Rondeau – an “emotionally impaired” teenager who has previously been charged in the juvenile system for incorrigibility – was forced to miss months of school. He has since worked to catch up and is expected to graduate this summer, according to Wolfgang Mueller, an attorney who is representing Rondeau in a federal lawsuit filed in May over the snowball fiasco. |
Mueller said the juvenile court’s decision to require $2,000 in bail to release the teenager was excessive. | Mueller said the juvenile court’s decision to require $2,000 in bail to release the teenager was excessive. |
“It’s astounding to me how malicious destruction of property gets a $20,000 bond,” he told the Guardian. “And you know, these folks couldn’t afford to pay 10%, and a lot of people can’t, so that’s why he was in jail for 40 days.” Levy later agreed and reduced it to a personal bond. | “It’s astounding to me how malicious destruction of property gets a $20,000 bond,” he told the Guardian. “And you know, these folks couldn’t afford to pay 10%, and a lot of people can’t, so that’s why he was in jail for 40 days.” Levy later agreed and reduced it to a personal bond. |
Miller said each juvenile case presents different circumstances. | Miller said each juvenile case presents different circumstances. |
“So in this case, depending on the factors considered by the referee, he or she may have thought $20,000/10% was a reasonable bond,” she said. | “So in this case, depending on the factors considered by the referee, he or she may have thought $20,000/10% was a reasonable bond,” she said. |
The officers were aware of Rondeau, who previously attended a school for special needs students. Wilson and Jenkins had previously referred to the teenager in passing as “retarded”, according to the complaint. Detroit public schools did not return a request for comment by the Guardian. The school district has denied the charges in court. | The officers were aware of Rondeau, who previously attended a school for special needs students. Wilson and Jenkins had previously referred to the teenager in passing as “retarded”, according to the complaint. Detroit public schools did not return a request for comment by the Guardian. The school district has denied the charges in court. |
Mueller believes the pair had it out for Rondeau. | Mueller believes the pair had it out for Rondeau. |
“For whatever reason, they had something against him, because otherwise why would two officers … go into someone’s house, without a warrant – that’s a complete constitutional violation right there – to arrest a kid over an alleged snowball,” he said. | “For whatever reason, they had something against him, because otherwise why would two officers … go into someone’s house, without a warrant – that’s a complete constitutional violation right there – to arrest a kid over an alleged snowball,” he said. |
The legal issues for Rondeau didn’t evaporate after the snowball case was dismissed, however. One day later, the county prosecutor’s office filed a separate petition for charges against Rondeau, saying the teenager assaulted and resisted a police officer. | The legal issues for Rondeau didn’t evaporate after the snowball case was dismissed, however. One day later, the county prosecutor’s office filed a separate petition for charges against Rondeau, saying the teenager assaulted and resisted a police officer. |
In September 2013, according to an arrest report, Rondeau allegedly approached a police officer and attempted to start a fight, after he and several others were asked to leave a corner near his high school. Miller said the prosecutor’s office didn’t bring charges at the time because the case was sent by Detroit school cops with “typos that made it unable for the prosecutor to sign it as it was first submitted”. | In September 2013, according to an arrest report, Rondeau allegedly approached a police officer and attempted to start a fight, after he and several others were asked to leave a corner near his high school. Miller said the prosecutor’s office didn’t bring charges at the time because the case was sent by Detroit school cops with “typos that made it unable for the prosecutor to sign it as it was first submitted”. |
A corrected report was submitted, she said, and Rondeau was charged on 27 February 2014. He was found guilty and sentenced to probation with no terms or conditions, as Rondeau planned to leave the state to live with a relative. | A corrected report was submitted, she said, and Rondeau was charged on 27 February 2014. He was found guilty and sentenced to probation with no terms or conditions, as Rondeau planned to leave the state to live with a relative. |
Attorney Mueller said the timing was convenient for the prosecutor. | Attorney Mueller said the timing was convenient for the prosecutor. |
Related: 'Snowball fight is pretty much myth': police say video not what it appears | Related: 'Snowball fight is pretty much myth': police say video not what it appears |
“There’s no logical explanation for why a charge sat for five months and then was issued the day after he was acquitted of [the snowball] charge,” he said. “And nobody could tell me that was mere coincidence.” | “There’s no logical explanation for why a charge sat for five months and then was issued the day after he was acquitted of [the snowball] charge,” he said. “And nobody could tell me that was mere coincidence.” |
He continued, “Any reasonable person will see this, and there’s only one conclusion: it’s completely retaliatory.” | He continued, “Any reasonable person will see this, and there’s only one conclusion: it’s completely retaliatory.” |
And Rondeau, now 18, met the prosecutor’s office again in March over an alleged home invasion. But that case, too, was since dismissed, which Mueller said was because the charge relied on faulty evidence. | And Rondeau, now 18, met the prosecutor’s office again in March over an alleged home invasion. But that case, too, was since dismissed, which Mueller said was because the charge relied on faulty evidence. |
Rondeau’s pending federal suit against Detroit public schools alleges malicious prosecution and a false arrest; it seeks unspecified compensatory damages and requests a jury trial. | Rondeau’s pending federal suit against Detroit public schools alleges malicious prosecution and a false arrest; it seeks unspecified compensatory damages and requests a jury trial. |
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