Harsh prison sentence?

[sadaist]

Basically, a 9 year old boy was being babysat at a house with a 16, 12 & 8 year old boys there as well. The 16 year old boy shoved a toy light saber up the 9 year olds butt. Didn't hurt him physically as confirmed by the doctor. The 16 year old was just sentenced to 30 years-life. He is 19 now.


Riverside Man, 19, Gets 30 Years To Life For Sexually Assaulting Boy With Light Saber Toy

http://losangeles.cbslocal.com/2011/09/23/riverside-man-19-gets-30-years-to-life-for-sexually-assaulting-boy-with-light-saber-toy/

SANTA ANA (CBS) — A 19-year-old Riverside man was sentenced Friday to 30 years to life in prison for the sexual assault of a then 9-year-old boy with a toy light saber in 2008.

Javier Enrique Perez, who was 16 at the tie of the attack, was convicted May 17. He was tried as an adult, despite being a juvenile at the time of the assault.

The victim’s mother dropped him off at a home at 5 p.m. so that the man could watch her son while she was at work.

Perez was home a the time along with Oscar Antoneil Arreola, then 19, and two boys, one 12, the other one 8, according to Deputy District Attorney Jana Hoffman.

Officials said Perez made the boy bend over a Christmas table, held him down and inserted the light saber into the boy’s anus. He also reportedly made the 8-year-old insert his hand in the boys buttocks.

After he told his mother what happened, she took him to a doctor but said he had no physical impairment.

Arreola and the two children testified against Perez.

He was convicted of felony sexual penetration with a foreign object, felony aggravated sexual assault of a child with a foreign object and two felony counts of forcible lewd acts on a child, according to Hoffmann.

(©2011 CBS Local Media, a division of CBS Radio Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. Wire services contributed to this report.

[sadaist]

My thoughts are this sentence is way too fucking harsh. 30 years? Murderers don't even get that long. I was a kid once and I know how it is when young boys get together. Trouble can brew. Now we never did anything like this but we would do stuff like pee in someones pepsi can while they were out of the room & see if they drank it. Or put one of those exploders in a cigarette to pop in their face. One time someone put a dead lizard part inside an oreo cookie that another guy ate. I do think this kid should be punished, but 30 years - life? I'm dumbfounded.

[FORD]

Don't worry about him serving 30 years, he probably won't live that long, once the other convicts hear what he did. Now that will be a harsh sentence (probably death, or a severe beating if they get to him in time).

Is that too harsh? I'd say a 16 year old who shoved something (anything) up a 9 year old's ass is well aware of what he's doing, and if the 9 year old were my kid, he wouldn't have made it to trial.

[sadaist]

Don't worry about him serving 30 years, he probably won't live that long, once the other convicts hear what he did. Now that will be a harsh sentence (probably death, or a severe beating if they get to him in time).

Is that too harsh? I'd say a 16 year old who shoved something (anything) up a 9 year old's ass is well aware of what he's doing, and if the 9 year old were my kid, he wouldn't have made it to trial.

I hear ya Ford. And I agree it's a heinous thing for someone to do. But 30 to life? The kid has to have other things on his record and it had to be more than just pinning the kid down for a minute & sticking the light saber up his butt.

I know if someone did that to me my Dad would have killed the kid that did it and his father. So I'm imaging you would probably be the same as my Dad.

I don't know. On the surface this seems like a prank that got way way way out of hand. I'm going to try & find more out on the story because it's bugging me how little info the article has.

[chefcraig]

I hear ya Ford. And I agree it's a heinous thing for someone to do. But 30 to life? The kid has to have other things on his record and it had to be more than just pinning the kid down for a minute & sticking the light saber up his butt.

On the surface this seems like a prank that got way way way out of hand. I'm going to try & find more out on the story because it's bugging me how little info the article has.

You can start by actually reading the article.

Officials said Perez made the boy bend over a Christmas table, held him down and inserted the light saber into the boy’s anus. He also reportedly made the 8-year-old insert his hand in the boys buttocks.

Yeah, that sounds like a prank alright. While boo-hooing the rights of the convicted, think about what took place here. The 16 year old will spend 30 years in prison, but what about the 9 year old, who will be dealing with this issue for the rest of his life?

This is nothing against you personally, friend. I simply believe that when anyone defiles another human being (particularly a child) beyond their will, not only should they have to face the full extent of the law, but they should receive little if any empathy for their despicable actions. And as FORD said, if it were my child that was the victim, I would be the one facing a prison sentence for murder. Ironically, I'd more than likely be facing less time, if any at all. You see, juries tend to feel the same way I do.

To hell with this little bastard, the sooner the better.

[sadaist]

You can start by actually reading the article.

yeah, it says he put a toy light saber up the kids ass. Just the tip inch for a couple seconds? Or did he shove in a foot of the damn thing and torture the kid for an hour? Did he hit or threaten the victim with more than just what is stated in the article? Does the convicted boy have a previous record of violent crime? What took place that led up to the offense? Was this a one time thing? it does say the victim was dropped off there to be babysat, but had he been there before? Where was the adult that was supposed to be babysitting? Did he get into any trouble for not keeping close enough watch? Or did he witness it & egg on the perpetrator?

I DID read the article Chef. But there is a ton more that I would like to know to paint the entire picture. If you are ready to sentence someone to life in prison based on a very thin article of a few 1-line paragraphs I hope you are never in a jury for me or anyone I know. I just want to know every fact before I send a teenager away for life. And since he was sent away for 30-life the judge or jury must have seen a lot more evidence than what the article presents.

On the bright side, this kid should be out in time for Van Halens new album. I hear it's titled "Pasadena Democracy".

[binnie]

It is a very serious crime, but for me the key here is that the kid was only 16. What good does a 30 year prison sentence do in this case - he'll come out at 46 having known nothing but prison, and will never be able to rejoin society.

At 16, I don't think it's impossible to turn someone like this around. A sentence which on the sentence is 'softer' may be better for society as a whole in the long run.

[chefcraig]

I guess we'll have to agree to disagree. As I said, I have a far deeper level of concern for both the 9 year old victim, as well as the 8 year old coerced into this perversity than I have for the sick, piece of shit 16 year old people seem to be so concerned about. Where is the compassion for them? You have 2 kids beneath the age of 10 that are going to be emotionally scarred for the rest of their lives, yet the focus here seems to be on the welfare of the poor, sad soul who committed the atrocity. And that is not only absurd, it is preposterous. Ya know what? He gave up any rights or claim to humanity the moment he laid a hand on either of those children. For what those very children are and will be enduring, a 30 year sentence (15 years for each) would be a disturbingly trivial amount of so-called justice.

[binnie]

Don't misunderstand me, Chef. I'm not feeling sympathy for this guy - my point is rather what good does it do to society to punish him? 30 years down the line he'll be a bigger problem. At 16, he might still be 'fixable' - if he was 36, we'd be having a different conversation!

Of course we should all feel sympathy - and concern - for the victims. God only knows how you handle that. That being said, I'm never really sure how a harsh prison sentence really helps the victims. I'm sure free counselling would be much more constructive.

[chefcraig]

A lengthy sentence means the creep will (hopefully) be off the street and not abusing other children. That in and of itself helps not only the victims, but society as a whole. An even better idea would be for the abuser to ride the lightning. If ever there was a cause for culling the herd, this is it.

[sadaist]

Don't misunderstand me, Chef. I'm not feeling sympathy for this guy

Me either. I just want to know more about the story. I have a very strong feeling that this 16 year old had other run ins with the authorities and was already a known troublemaker. Our society is so much into second chances & rehabilitation that to put him away for 30-life I find it hard to believe that he doesn't have a lengthy record already at 16. The mild mannered straight A & B students taking piano lessons on Thursdays and in drama on Tuesdays typically doesn't just snap & shove a light saber up some childs ass.

I also wanna know if or why wasnt the actual babysitter charged. When I have had watch over several children I am extremely careful not to let any of them hurt another because I know I'll be on the hook for it.

[Blaze]

Me either. I just want to know more about the story. I have a very strong feeling that this 16 year old had other run ins with the authorities and was already a known troublemaker. Our society is so much into second chances & rehabilitation that to put him away for 30-life I find it hard to believe that he doesn't have a lengthy record already at 16. The mild mannered straight A & B students taking piano lessons on Thursdays and in drama on Tuesdays typically doesn't just snap & shove a light saber up some childs ass.

I also wanna know if or why wasnt the actual babysitter charged. When I have had watch over several children I am extremely careful not to let any of them hurt another because I know I'll be on the hook for it.

It took less than a minute to find.

You do not REALLY want to know, you want to pretend like you want to know. So that you can pretend to care about some perceived injustice. At 16 years old the male perpetrator should have been able to baby sit and not rape his ward with or without the 19 year-old sitting hawk-eye.
I must ask you Sadist, is a 16 year-old anally raping other children horseplay in your family culture? Or is a child of any-age anally raping horseplay in your family culture? At what age is anal rape of other children no longer considered horse play in your family culture?




Tony Rackauckas, District Attorney
401 Civic Center Drive West
Santa Ana, CA 92701



For Immediate Release
Case #08CF2172






May 17, 2011

Contacts:


Susan Kang Schroeder
Chief of Staff
Office: 714-347-8408
Cell: 714-292-2718

Farrah Emami
Spokesperson
Office: 714-347-8405
Cell: 714-323-4486


TEEN CHARGED AS ADULT CONVICTED OF SEXUALLY ASSAULTING 9-YEAR-OLD BOY USING
TOY LIGHT SABER
*Defendant also convicted of forcing 8-year-old to participate in the assault

FULLERTON – A Riverside teen charged as an adult was convicted today of sexually assaulting a 9-year-old boy by anally penetrating him with a toy light saber and the hand of another child. The defendant was 16 years old at the time of the crime. Javier Enrique Perez, 19, Riverside, was found guilty by a jury of one felony count of sexual penetration by foreign object by force, one felony count of aggravated sexual assault of a child, and two felony counts of forcible lewd acts on a child under 14 with sentencing enhancements for lewd acts on multiple children and substantial sexual conduct with a child. He faces a maximum sentence of 30 years to life in prison at his sentencing July 22, 2011, in Department N-13, North Justice Center, Fullerton.

At approximately 5:00 p.m. on July 16, 2008, 9-year-old John Doe #1 was dropped off at a Santa Ana home by his mother, who was leaving him to be watched while she went to work. Perez, who is a family friend of the homeowner, was at the house along with several other children ranging in age from 8 to 19 years old.

While other young boys watched, Perez sexually assaulted John Doe #1 in the kitchen by pushing him over the kitchen table and holding him down. He forced 8-year-old John Doe #2 to anally penetrate John Doe #1 with his hand. Perez then anally penetrated John Doe #1 with a toy light saber as the victim screamed in pain and attempted to struggle. After assaulting John Doe #1, Perez instructed the other boys not to tell anyone what he had done.

The victim’s mother arrived at approximately 9:00 p.m. to pick up John Doe #1, and the victim told his mother about the assault. The Orange County Social Services Agency and Santa Ana Police Department were later contacted.

John Doe #1 and John Doe #2 both testified during the jury trial. John Doe #2 testified that while Perez was sexually assaulting his friend with the light saber, John Doe #2 yelled, “Stop! You’re hurting him!” The testimony from both victims was consistent with interviews conducted shortly after the time of the crime with the Child Abuse Services Team.

Oscar Antoniel Arreola, 22, Santa Ana, was the 19-year-old male present during the sexual assault by Perez. Arreola initially denied to police that any crime had been committed by the defendant. Arreola was charged and subsequently pleaded guilty Jan. 19, 2009, to one felony count of accessory after the fact (Case #08CF2705). He was sentenced at that time to 180 days in jail and three years of formal probation.

Senior Deputy District Attorney Jana Hoffmann of the Sexual Assault Unit is prosecuting this case.

###

[FORD]

Me either. I just want to know more about the story. I have a very strong feeling that this 16 year old had other run ins with the authorities and was already a known troublemaker. Our society is so much into second chances & rehabilitation that to put him away for 30-life I find it hard to believe that he doesn't have a lengthy record already at 16. The mild mannered straight A & B students taking piano lessons on Thursdays and in drama on Tuesdays typically doesn't just snap & shove a light saber up some childs ass.

I also wanna know if or why wasnt the actual babysitter charged. When I have had watch over several children I am extremely careful not to let any of them hurt another because I know I'll be on the hook for it.

The only other circumstances that might impact the sentencing here would be if you had a right wing racist judge who went for the maximum sentence, just because the perp was Mexican. And I only say that, because I know a guy who had sex with a minor unintentionally (he met her in a bar, so presumed she was old enough to be there) and ended up doing hard prison time for it - mostly because he had a Spanish last name and this was in a small town where Mexicans aren't treated well by some of the locals. Never mind that this guy was a US citizen and a Gulf War vet. His real "crime" (which he would now readily acknowledge) was being drunk and stupid.

Of course those circumstances don't come close to this case, but it might be legitimate to ask if a white kid who ass raped a 9 year old would have got a lighter sentence in Freeper Teabagger Hell Riverside.

[Nitro Express]

Me either. I just want to know more about the story. I have a very strong feeling that this 16 year old had other run ins with the authorities and was already a known troublemaker. Our society is so much into second chances & rehabilitation that to put him away for 30-life I find it hard to believe that he doesn't have a lengthy record already at 16. The mild mannered straight A & B students taking piano lessons on Thursdays and in drama on Tuesdays typically doesn't just snap & shove a light saber up some childs ass.

I also wanna know if or why wasnt the actual babysitter charged. When I have had watch over several children I am extremely careful not to let any of them hurt another because I know I'll be on the hook for it.

Throw the kid into prison with adults. Karma will come when big Bubba shoves something besides a light saber up his ass in the prison showers as the guards turn a blind eye to it all.