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http://www.latimes.com/news/printedition/la-me-maribel3aug03,1,7789887.story

Here’s a paragraph from the article: (Green is Police Officer Christopher Green.)
“I asked Cuevas what she thought would happen if the rock hit Vang and she replied that it could make him bleed,” Green wrote. “Cuevas said she meant to hold back, but the rock slipped out of her hand and went in the direction of Vang striking him in the head.”

And what does the American Chronicle website (the site that Bones refers to) say about that? To quote from the web site: “Through the course of the investigation, the responding officers determined the suspect had the intent to injure the victim based upon a statement she made to the officers.” Now that’s a very good example of how to distort the facts to fit your view. I don’t know whether the distortion occurred with the web site’s author or with the police department or wherever but along the line there’s definitely been a “paraphrasing of the facts to more properly present the situation in a manner more consistent with what the police department wants it to be viewed.”

Here’s another item from that site: “Through the course of the investigation, the responding officers determined the suspect had the intent to injure the victim based upon a statement she made to the officers.” Now that’s a very nice VAGUE statement. What the site fails to state is that the so-called statement made by the girl (who’s understandably confused being 11 years old and surrounded by these ADULT strangers questioning her) was made in response to a what-if question. Richard Beshwate’s post contains DETAILS (and not just some general, vague description) of what was asked.

As a kid, I made fun of other kids although I’ve never thrown water balloons or stones at them. It was only later, in High School, that I realized I was a bully. I wish I had the chance to apologize to those kids. And I wish someone stopped me from bullying those kids.

I also noticed that only Bones and I do not want to give our names. Everybody else gave their first or full names. I’m ashamed to give my name and would rather use a pseudonym because I was once a bully. What about you, Bones?

In 1979, when I was 11, I got into a fight with a 13 year old bully that was much bigger and heavier than me. This kid was a sociopath who delighted in tormenting kids smaller than him. I am not the violent sort, but this kid was endangering me and trying to beat me up, so I grabbed the nearest big rock I could find and bashed him in his idiot head with it. It made a gash in his forehead that bled like a stuck pig, although I dont believe he needed stitches as I recall. He started crying and whimpering like a little girl. My only regret is I didn’t use a bigger rock and killed the bastard with it. The world would be better off without scum like that.

Question, why are the facts that are being presented by the city of Fresno and its police department different than what was included in the reports?

Why is a kid that was nearly nine at the hospital, suddenly six years old?

Why was a rock listed as being 5lbs, suddenly 2lbs?

How did Cuevas gain over 40 lbs since the AP story picture was taken(where she’s clearly not near 130lbs), in only a matter of weeks?

Does a spin docter hired by a city like Fresno, really have the power to increase a person’s mass?

It’s called spin doctoring. If you are a resident of any city where the police department has made a fool of itself at the expense of a person of color, then you’ve seen this strategy used before. Nothing new, but this tale is more fantastic than most. I hope the city did not pay the going rate for PR firms of $400 an hour.

Clearly you have formed your opinions of Maribel’s guilt before your first posting. This really isn’t about whether or not she threw a rock.The Chronicle story reads very much like a scathing editorial, but is not labelled as such, and is therefore very hard to take seriously. A story in an online publication “American Chronicle” (that I’ve never heard of) that sounds as if it’s lifted directly from a police press release is hardly cause for me or anyone else to conclude that it “doesn’t look good.”

On the contrary, the situation hasn’t looked good from the start, but mostly because of the huge discrepencies in the police reports and other accounts of the situation. The girl scratched the officer and he felt compelled to take a photo of his “injury”? That’s somewhat of a sad commentary in itself on his fitness for being an officer, that he needs to call for backup to handle an 11 year old girl.

Have you read the other comments here that state that rocks were actually thrown at her and her cousins before she threw a rock back?

Next came the water balloons AND rocks, in fact the rock that caused the injury was in fact first brought to the scene and tossed toward’s Maribel and her young family members, nearly striking a younger child.

Grabbing someone who’s not posing an active threat before you can establish dialogue is hardly smart or sensitive, especially when you’re dealing with a child.

The end of your linked American Chronicle article states of the original AP story,“This reckless reporting has served to not only misrepresent the Fresno Police Department, but our community as a whole.” The Fresno Police Department should be worried about it’s public image because right now it’s very bad. I fail to see what’s reckless about representing both sides of a story. Nowhere in the Chronicle article is any misrepresentation really debunked. They take statements and offer their spin on them.

Officers, realizing that a felony crime had occurred, decided to escort the suspect to a patrol car. She physically resisted the officers and scratched one of them on the arms.

As has been said elsewhere police don’t determine what crimes have occured, judges and courts do. Someone that cannot speak your language grabs you and tries to haul you off without having a dialogue with you and your family is likely to be resisted… especially by a child.

Additionally Bones, you still haven’t provided any backup for your earlier claims about a hostile crowd or a supposed bat.

Ready for Gang warfare:
Fact: The Police department dispatched 6 officers for this incident and there was a helicopter hovering overhead.
2 lb jagged riverrock:
Police reports orginally indicate 5 lb rock, Maribel and the witnesses deny that the rock shown in picture is the rock used. Also that the Rock that was used was originally thrown by one of the group of bullies, and narrowly missed hiting Maribel’s younger sibling.
Maribel’s intent to injure:
The “evidence” of Maribels intent is derived from the misinterpretation of her resonce to Police question “What do you think would happen if you threw the rock at the Boy?” Responce “it would make him bleed.” This was based upon the cause and effect that Maribel had just experience, not of her intentions PRIOR to the incident.
Several other boys pummelled her with water balloons:
Yes, as well as rocks. Remember, the rock in question was brought to the home of Maribel’s cousin by the boys and thrown at her and her siblings first. When the incident occurred the rest of the “gang” fled, evidence that they knew what they were doing was wrong! Also the police made no efforts to investigate the exisstance of these boys. It was clear to me that they made no genuine effort to ascertain the truth by this obvious failure as well as the other numerous factual misstatements contained in the Police report, including the boy’s age, Maribel’s age, the size of the cut, the weight of the rock, etc.
Maribel, who speaks limited English, spent five days in juvenile hall with just one half-hour visit from her parents. She then spent about 30 days under house arrest, forced to wear a GPS ankle bracelet to monitor her whereabouts.
It was the decision of the Police officer to arrest Maribel, having full knowledge that it was a Friday afternoon and that she would thus spent 5 to 6 days in custody before going to court. It is obvious from Officer Green’s report that he had no intention or proper training to deal with children. According to his report when he is at the scene he notes the “the suspect’s mother walked up and right behind her was Maribel Cuevas, the suspect. I placed her into hand cuffs” without speaking to her, without attempting to explain anything to her. Apparently this insensitive action of Officer Green terrified young Maribel, and she became very upset, not knowing what was going on. She was then thrown to the ground (already in cuffs) and the mighty Officer “was able to get Cuevas in the back of the patrol vehicle”. Again prior to even speaking with this child, or waiting for an interpreter to speak with her. Arrest, manhandle, then question. As if she was so dangerous and threatening to the officer safety. Maribel was horrified at the experience of the incident, as well as her incarceration. Once released Maribel was so terrified of incarceration that she, the pricipal of the school and her teacher made araingments for this child to leave school a half and hour early so that she could get home on time and not being in violation of her electronic monitoring release conditions!
“Officers, realizing that a felony crime had occurred, decided to escort the suspect to a patrol car. She physically resisted the officers and scratched one of them on the arms. She also threw herself to the ground and began kicking towards officers. The officers exercised restraint in controlling the suspect and did not resort to using any force beyond physical control.”
This statement is direct conflict with the police reports, (which I will scan and forward for posting). The first contact any officer had with her wasn’t as escort to the patrol vehicle, it was to Handcuff her!

You are also welcome to attend the trial, on Aug. 3 in dept d of the Fresno County Juvenile hall. I have no spin to offer, this is a clear violation of the duty our officer’s have to protect our children. Why did the oficer immediatly handcuff an 11 year girl, who was bullied, rendered aid, sought help, attempted to contact the boys relatives then RETURN to the scene only to be met by an overly aggressive cop thug who was unable to properly assess the situation that he was presented with, and chose NOT to learn what it was that happened. Maribel spent 4 more days in custody than an off duty FDP officer who shot and killed his brothe, at point blank range, admitted to it, and then gets relaesed after one day so that “further investigation” could take place. Doesn’t a CHILD, who lacks ANY prior disciplinary issues deserve a through investigation PRIOR to her incarceration??????????

Mike,
Thank you for starting http://freemaribel.com/, as I think that the more people that know about this the better. At some point (hopefully soon) Fresno as a city should be made to realize that bad publicity for not holding callous and aggressive police officers accountable can be remedied by doing something swiftly about their gross negligence and misconduct.

Robert and Richard,
Thank you very much for your insights and clarifications of the incident. If it’s possible you might also include references, that would help readers to feel that these facts are grounded in actual evidence, conversations, or research. I have no doubt, but that may simply be because the situation is so distorted in my eyes, and Maribel’s mistreatment so brutally clear.

I know Robert you mentioned to me that you have met Maribel, so I can take it that much of your story is related from firsthand experience.

It’s pretty clear that by the tone taken by the police on the scene, the obvious slant of opinion and ill-intent in the written police report, and the circumstances in general are all very negative for the police department. I will continue to call Fresno and hope that anyone that stops by here will also make a call or write a letter if they have the time. Definately check out the freemaribel site linked above, as many contacts are listed there.