Juvenile sentenced in tack case; said it was a 'prank'
By
Brandy Chandler-brandychandler@gmail.com
Saying that he used a tack he found on a bulletin board in a McClain High School locker room, a 16-year-old Washington C.H. student admitted to 28 counts of assault, and was sentenced to 28 days in juvenile detention.
The juvenile appeared Wednesday in Highland County Juvenile Court before Judge Kevin Greer, along with his parents and attorney Mary King. The hearing was held in the general common pleas courtroom.
King told the court that while her client is remorseful, "he intended it to be a prank," and that he "got caught up in the night of the rivalry of Greenfield and Washington C.H."
A parent of a victim told the court, "His term of prank is our term of assault."
More than 40 people were in the courtroom, including some of the victims, their families, McClain High School Principal Dr. Dan Strain, McClain head football coach Randy Closson, South Central Ohio League Commissioner Jim Winner.
The juvenile was charged with 28 counts of assault following a September football game between McClain and Washington C.H. house on McClain's home field.
During the post-game handshake between the teams the juvenile in question - who did not play in the game due to ineligibility - said he placed a tack in his glove and shook the hands of the McClain players.
According to Assistant Highland County Prosecutor Molly Bolek, injuries sustained by the McClain students ranged from "visible holes to bleeding." The following week, the school district paid for the students to be vaccinated and tested.
The state, represented by Bolek, recommended that the juvenile be sentenced to 28 days in juvenile detention - a day for each victim - and that he pay court costs and restitution in the amount of $752. The restitution figure is the amount that the Greenfield Exempted Village Schools District had to pay for the students to be vaccinated and tested.
Bolek told the court that she had spoken to 27 of the 28 victims or their families, and that all but one felt that 28 days in juvenile detention was sufficient punishment. One family, she said, felt that amount of time was not adequate.
"Everyone is in support of the resolution of the case," Bolek said.
Greer told the juvenile that according to Ohio law, assault is defined as knowingly causing harm or attempting to cause harm to someone else, regardless of the purpose, or how serious or how long the injury would last.
The court accepted the juvenile's admission to the 28 counts.
In proceeding to sentencing, Bolek asked that the court consider the number of the victims and their family members. She said that many parents continue to have concerns about the "unknown history of the tack itself, blood-born illnesses and possible cross-contamination from other victims."
Additionally, Bolek said that the act of "egregious unsportsmanlike conduct occurred during a ritual intended to show respect for the other team."
King told the court that prior to the game, the juvenile defendant had taken a tack off a bulletin board in the visiting team's locker room at McClain High School.
"There had been incidents involving tacks at (Washington High School). They had been doing it to one another. It was not out of the blue. He did not tack himself. The first in line in the handshake (was the first person to be be poke with the tack). At that time, he intended it to be a prank," King said.
Because the juvenile and the victims are "all children, that is why we have chosen not to have a trial, not to put them through a trial," King said.
"As a child, he did not make a wise decision," she said. "With Greenfield, and Washington C.H. and all the teams in the SCOL (South Central Ohio League), we are ardent supporters. He got caught up in the night of the rivalry of Greenfield and Washington C.H."
The juvenile addressed the court, and turned to face the victims in the courtroom, saying, "I'm sorry. Before, I was friends with some of the kids from Greenfield. I'm very sorry."
King said that her client had gone to the junior varsity football game the day after the incident and attempted to apologize, but that "he was denied the opportunity to do so."
The juvenile's father addressed the court, apologizing to the victims and to their parents, saying that as a parent he can only imagine what they have gone through as the result of his son's actions.
"He has taken responsibility. He was disciplined right after we found out. He's done some community services in Leesburg at a food pantry, and he's getting some counseling. We raised him good. He's not a bad kid. He's a kid with poor judgment. He will learn from his, as we all have."
The juvenile and his mother cried as the father addressed the court.
Greer gave each victim or family member an opportunity to speak, and one mother came forward.
"Our intention is not to ruin his life," she said. "We want him to understand what he did is wrong. As a parent I know the pain (the juvenile's mother) has to be feeling. I just don't want this to be a 'boys will be boys.' It's not. I'm not saying it should go unpunished. His term of prank is our term of assault. But I don't want this to be an everlasting effect on him with the detention center."
McClain Principal Dr. Dan Strain told the court that he wanted to express his appreciation for the Highland County Health Department, Adena Regional Medical Center, the Highland County Prosecutor's Office and victim/witness.
"We trust the court's collective wisdom to deal with the issue," Strain said.
Greer addressed the juvenile and said that he was not going to ask him if he had learned his lesson, because all juveniles say that they have.
"I'm confident your parents didn't raise you this way, and you've let them down," Greer said. "Actions do speak louder than words. It's important that you show them you're sorry. We see better than we hear."
Greer told him that, "You caused a lot of panic. Try to put yourself in the position of the victims and their families, not knowing what might have been transmitted."
The judge said that he had played athletics in high school and at the collegiate level and, "there is no excuse just because you have a rivalry. And, your team even won the game.
"This could have been worse for you," Greer said. "Technically, a felony could have been drafted instead of a misdemeanor."
Greer said that had the charges been felonies, he could have been sentenced to juvenile detention until he was 21 years old, and he also could have been tried and sentenced as an adult.
The juvenile was sentenced to the maximum of 90 days in prison with 62 days suspended, so he will serve 28 days in the Chillicothe Juvenile Detention Center. Following his release on Jan. 4, he will be placed under community control and will be required to serve 280 hours of community service - with 10 hours for each victim. He was ordered to pay court costs and the $752 in restitution. Following his release, he will be on house arrest until Feb. 4. His parents will also pay child support to the state to offset the costs of the detention.
The victims were told that if they had incurred additional expenses it could be submitted for restitution.
"I hope you remind yourself why you're required to do this: A bad decision," Greer said.
After court was adjourned, the juvenile was taken into custody by the Highland County Sheriff's Office and put in handcuffs.
Saying that he used a tack he found on a bulletin board in a McClain High School locker room, a 16-year-old Washington C.H. student admitted to 28 counts of assault, and was sentenced to 28 days in juvenile detention.
The juvenile appeared Wednesday in Highland County Juvenile Court before Judge Kevin Greer, along with his parents and attorney Mary King. The hearing was held in the general common pleas courtroom.
King told the court that while her client is remorseful, "he intended it to be a prank," and that he "got caught up in the night of the rivalry of Greenfield and Washington C.H."
A parent of a victim told the court, "His term of prank is our term of assault."
More than 40 people were in the courtroom, including some of the victims, their families, McClain High School Principal Dr. Dan Strain, McClain head football coach Randy Closson and South Central Ohio League Commissioner Jim Winner.
The juvenile was charged with 28 counts of assault following a September football game between McClain and Washington C.H. house on McClain's home field.
During the post-game handshake between the teams, the juvenile in question - who did not play in the game due to ineligibility - said he placed a tack in his glove and shook the hands of the McClain players.
According to Assistant Highland County Prosecutor Molly Bolek, injuries sustained by the McClain students ranged from "visible holes to bleeding." The following week, the school district paid for the students to be vaccinated and tested.
The state, represented by Bolek, recommended that the juvenile be sentenced to 28 days in juvenile detention - a day for each victim - and that he pay court costs and restitution in the amount of $752. The restitution figure is the amount that the Greenfield Exempted Village Schools District had to pay for the students to be vaccinated and tested.
Bolek told the court that she had spoken to 27 of the 28 victims or their families, and that all but one felt that 28 days in juvenile detention was sufficient punishment. One family, she said, felt that amount of time was not adequate.
"Everyone is in support of the resolution of the case," Bolek said.
Greer told the juvenile that according to Ohio law, assault is defined as knowingly causing harm or attempting to cause harm to someone else, regardless of the purpose, or how serious or how long the injury would last.
The court accepted the juvenile's admission to the 28 counts.
In proceeding to sentencing, Bolek asked that the court consider the number of the victims and their family members. She said that many parents continue to have concerns about the "unknown history of the tack itself, blood-born illnesses and possible cross-contamination from other victims."
Additionally, Bolek said that the act of "egregious unsportsmanlike conduct occurred during a ritual intended to show respect for the other team."
King told the court that prior to the game, the juvenile defendant had taken a tack off a bulletin board in the visiting team's locker room at McClain High School.
"There had been incidents involving tacks at (Washington High School). They had been doing it to one another. It was not out of the blue. He did not tack himself. The first in line in the handshake (was the first person to be be poke with the tack). At that time, he intended it to be a prank," King said.
Because the juvenile and the victims are "all children, that is why we have chosen not to have a trial, not to put them through a trial," King said.
"As a child, he did not make a wise decision," she said. "With Greenfield, and Washington C.H. and all the teams in the SCOL (South Central Ohio League), we are ardent supporters. He got caught up in the night of the rivalry of Greenfield and Washington C.H."
The juvenile addressed the court, and turned to face the victims in the courtroom, saying, "I'm sorry. Before, I was friends with some of the kids from Greenfield. I'm very sorry."
King said that her client had gone to the junior varsity football game the day after the incident and attempted to apologize, but that "he was denied the opportunity to do so."
The juvenile's father addressed the court, apologizing to the victims and to their parents, saying that as a parent he can only imagine what they have gone through as the result of his son's actions.
"He has taken responsibility. He was disciplined right after we found out. He's done some community services in Leesburg at a food pantry, and he's getting some counseling. We raised him good. He's not a bad kid. He's a kid with poor judgment. He will learn from his mistakes, as we all have."
The juvenile and his mother cried as the father addressed the court.
Greer gave each victim or family member an opportunity to speak, and one mother came forward.
"Our intention is not to ruin his life," she said. "We want him to understand what he did is wrong. As a parent, I know the pain (the juvenile's mother) has to be feeling. I just don't want this to be a 'boys will be boys.' It's not. I'm not saying it should go unpunished. His term of prank is our term of assault. But I don't want this to be an everlasting effect on him with the detention center."
McClain Principal Dr. Dan Strain told the court that he wanted to express his appreciation for the Highland County Health Department, Adena Regional Medical Center, the Highland County Prosecutor's Office and victim/witness.
"We trust the court's collective wisdom to deal with the issue," Strain said.
Greer addressed the juvenile and said that he was not going to ask him if he had learned his lesso, because all juveniles say that they have.
"I'm confident your parents didn't raise you this way, and you've let them down," Greer said. "Actions do speak louder than words. It's important that you show them you're sorry. We see better than we hear."
Greer told him that, "You caused a lot of panic. Try to put yourself in the position of the victims and their families, not knowing what might have been transmitted."
The judge said that he had played athletics in high school and at the collegiate level, and "there is no excuse just because you have a rivalry. And, your team even won the game.
"This could have been worse for you," Greer said. "Technically, a felony could have been drafted instead of a misdemeanor."
Greer said that had the charges been felonies, he could have been sentenced to juvenile detention until he was 21 years old, and he also could have been tried and sentenced as an adult.
The juvenile was sentenced to the maximum of 90 days in prison with 62 days suspended, so he will serve 28 days in the Chillicothe Juvenile Detention Center. Following his release on Jan. 4, he will be placed under community control and will be required to serve 280 hours of community service - with 10 hours for each victim. He was ordered to pay court costs and the $752 in restitution. Following his release, he will be on house arrest until Feb. 4. His parents will also pay child support to the state to offset the costs of the detention.
The victims were told that if they had incurred additional expenses it could be submitted for restitution.
"I hope you remind yourself why you're required to do this: A bad decision," Greer said.
After court was adjourned, the juvenile was taken into custody by the Highland County Sheriff's Office and put in handcuffs.
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