Solidaridad con Maribel Cuevas; Solidarity with Maribel Cuevas
Published by michael July 17th, 2005 in lawThis is an open letter to Maribel Cuevas, age 11 of Fresno California, who after being seperated from her parents for 3 days [edit: 5 days], and put under house arrest for 30 is being prosecuted for assault with a “deadly weapon” for throwing a rock at a boy that had been pelting her with waterballoons. Please skip to the bottom for its translation into English and links to news articles.
Esta es una carta abierta a Maribel Cuevas, 11 años quien depúes de estar seperada de sus padres por tres días[redactada: 5 días] y ordenada a quedarse en casa por 30 días, esta teniendo que defenderse del crimen de “asalto con una arma mortal” por aventar una piedra a un niño quien le estaba tirando globos de agua y burlándose de ella. Traducción a inglés sigue al final, junto con vínculos a los artículos relacionados.de la historia.
Estimada Maribel,
No hiciste nada que mucha gente en tu lugar hubiera hecho cuando aventaste una piedra a un niño quien se burlaba de tí y quien te estaba aventando globos de agua. Te imagino enojada y frustrada que no te dejara en paz cuando buscaste la cosita más cercana para defenderte de lo que él te estaba tirando. Obviamente hiciste daño más allá de lo que te habias imaginado. Fuiste por ayuda, y además fuiste a pedir perdon a los padres del niño. Pero resulta que a la policía no le importaban para nada tus palabras, ni tu dignidad.
Como ciudadano estadounidense y residente de California, te quiero pedir perdon. Por una parte, son mis impuestos que pagan los sueldos de la policía, hasta cuando la ley se equivoca gravemente. Ojalá que sigas adelante con tus estudios y que el estado te deje en paz. Ojalá que empleen más gente sensible a los derechos humanos y a los derechos de los niños. También necesitan contratar personas bilingües en la patrulla, especialmente en una ciudad con tanta gente latina como Fresno. Es una vergüenza si es cierto que no supieran comunicarse contigo.
Espero que sepas que mucha gente está desilusionada con el compartamiento de la policia cuando te agarraron, que te pusieron esposas, que alguién se atrevió a poner la rodilla en tu espalda. Lo peor de lo que leí es que te seperaron de tu familia por trés días, y opino que eso es una desgracía de la policía. Espero que te entierres de que ya hay mucha gente quien te apoya y quien en sus corazones están a tu lado. Es ridículo aveces la reacción inapropiada de la autoridad; espero que sigas teniendo fe que hay buena gente entre la policia, en este estado y en este país que te hubieran tratado muy, muy diferente.
Atentamente,
michael m.
—————translation follows————–
Dear Maribel,
You did nothing that many people in your place wouldn’t have also done when you threw a stone at a boy who had been calling you names and throwing water balloons at you. I imagine you angry and frustrated that he would not leave you in peace when you looked for the closest thing to defend yourself from what he was trhowing. Obviously, you did more harm beyond what you had imagined. You went for help, and what’s more you went to ask forgiveness from the boy’s family. These 2 actions demonstrate your kindness and strength. But it turns out that the police didn’t care about your words, or your dignity.
As a United States citizen and a resident of California, I want to ask your pardon. Partially, they are my taxes that pay the salary of the
police, even when they commit grave errors. I hope that you are able to go on strong with your studies and that the state leaves you in peace. I hope that they employ more people sensitive to human rights and the rights of children. The also need to hire more bilingual people for the force, especially in a city with as many latino people as Fresno. It is a shame if it’s true that the police didn’t even know how to communicate with you.
I hope that you know that there are many people that are disillusioned with the police’s behavior when they grabbed you, when they handcuffed you, and that someone dared to put their knee into your back. I hope you realize that many people support you and that in their hearts are by your side. It’s ridiculous sometimes the inappropriate reaction of authority; I hope that you continue having faith that there are good people among police, in this state, and in this country, that would have treated you very, very differently.
Sincerely,
michael m.
Stories here:
BBC NEWS | World | Americas | US police pursue girl over rock
Yahoo- Ap -Calif. Girl Faces Felony Assault Charge
San Jose -Little girl faces felony charge for throwing rock at little boy
(The San Jose Mercury gives the fullest account, reg. required, bugmenot recommended)
Also of note out of all the technorati hits was Elaine Supkis’ discussion of this story in the increasingly militaristic society we’re living in, where it is more and more acceptable to “shoot first and ask later.” I found her perspective as a woman on this issue to be invaluable, especially her perspective of having fought back as a child, how honor often means not having the police be involved at all, and how groups of boys taunting a girl is frequently a prequel to far more violent action.
16 Responses to “Solidaridad con Maribel Cuevas; Solidarity with Maribel Cuevas”
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Thank you for citing me. I am in NY but if you are in California, you can write to the GOVENOR and complain, and do it loudly.
That girlie-man should protect this child from his own state law enforcers. He, after all, is in charge of things there!
Good luck.
Thats an unfair carrecterization. The girl threw a 2lb rock that could of killed the boy (who police report as 6yo). When the cops showed up there was already a crowd gathered and after they stopped the girl, who ran, the crowd got very hostile. So hostile that the ambulace crew could not aproach to treat the child. The police took the boy and his mother to the ambulance and the girl was arested and placed in a patrol car and the cops left to avoid an escalation. The Girl is much larger than the child she attacked, and the rock wasn’t the first thing she threw, she also tried to hit him with a bat.
Bones,
If you believe your statements to be true could you please leave some reference so that I can check them out for myself? Otherwise they may appear to many to be invented for the sake of creating a stir. I read about 5 seperate accounts (3 of which I linked to) of the incident and nowhere was there mention of 1) a hostile crowd 2) a bat 3) the age of the boy 4) the weight of the rock.
Sincerely,
michael m
http://www.FreeMaribel.org has contact information for all the bureaucrats concerned, an online petition and (shortly) an email address and contact address where messages can be left for her.
Please help spread the word on this and let’s give the Fresno DA something to worry about other than having to admit to making a mistake.
Thanks,
Mike.
The police’s version of the events are full of inaccuracies and misrepresentations. The rock that witnesses described was much smaller than the one Fresno Police Chief Dyer parades around on TV. Maribel is 11 years old, sweet, shy and maybe 90 lbs., not a psycho, 130 pound, 13 year old. Elija was listed as 6 years old. He was 8 1/2. 4th grader vs. 3rd grader. The gash on his head was bad (1.2 inches above the eyebrow). The police reported it as 4 inches. Elijah was quickly stitched up and released. According to the police, Maribel was out of control and scratched two officers. Sounds reasonable for a child of innocent heart who is manhandled by the goon squad. She was scared. She was being arrested for defending herself and her younger siblings in her own yard.
Even if she was wrong and overreacted, the point is the police should not be taking down a little girl. They should cite her and the court will send her a notice to appear. Their continued insistance that this behavior towards children is appropriate, is a sad reminder of the police-state we are becoming.
Estimada Maribel,
Que te llenes de confianza, que sepas q te creo, q te apoyo, y q me lleno de ira cuando oigo lo que te hicieron. A pesar de todo el ruido que haran, jamas dudes que tienes el derecho de defenderte contra cualquier persona que quiere hacerte dano. No tengas miedo; no existe ningun principio mas importante que el de amarse a si mismo y seguir sus propios instintos. Tienes mi solidaridad y mi compasion.
Un abrazo fuerte,
Lorena
This is a true miscarriage of Justice and a misuse of Police resources. This case has serious implications, and demonstrates that fact that it is very difficult to Police the Police. Maribel was simply playing in families yard when a roving band of teasing bullies approached, began to verbally tease her and her 3, 4, and 6 year old cousing and siblings. Next cam 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. Maribel was attempting to defend herself and the others. We must keep in mind several facts: 1. We all agree this is regrettable situation, 2. that the decision making in question is that of Children, not adults. 3. that Maribel has never had any prior negative contact with Police, has never been in trouble at school or home. is a sweet, shy, typical 11 year old girl, 4. And that the very first step taken by the arresting officer when he saw Maribel was to Handcuff her! No talk, no questions. According to her family this cause her to become very upset, so that she was next taken to the ground, the fofficer put his knee in her back, and was “able to get into the patrol vehicle”, then he attempts to question her, this taken from the police report. Then she is taken to Juvenile hall, the oficer knowing she will be in custody a minimum of 5 days, and charged with felonious assault. The DA has not made an offer’s to settle this case, which is absurd, my opinion is this is to help justify the action of the Police that day!
Elaine,
I don’t really think the CA governor would be moved by this story. He toasted Kurt Waldheim (a former Nazi and current right-wing Austrian politician) at his own wedding, and has vocally supported the Minutemen, a group of vigilantes that volutarily patrol the US-Mexico border in attempts to stop Mexicans from crossing over. I still think it would be a good idea to voice our opinion with his office, and have done so about this case. Mainly I think local pressure on Fresno officials as suggested by Mike is really the best strategy.
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.
Got new info on the Maribel Cuevas case and it doesn’t look so good.
http://www.americanchronicle.com/articles/viewArticle.asp?articleID=1286
Maribel Cuevas isn’t the innocent her family and lawyer, the one’s who set up and gave the interviews leading to the previous articles, made her out to be.
Bones, I was contacted by the AP for the story, showed them the Police reports, and the simple facts of the case. Are you insinuating the the Freso Police Departments response is accurate? Is she a violent Gang member? Is she to allow a rovering band of thugs , who come prepared to tease, bully, and taunt, as well as batter with water balloons (which don’t grow on trees) and rocks? I think you are misguided. If this situation invovled a shy, well behaved relative of yours (because I doubt you have children) you probably wouldn’t feel the same way. I will post my counter points to the FPD’s press release for your information:
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??????????
Bones,
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?
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.
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.
Bones probably works for the city of Fresno….*snort*
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.
I say good for Maribel!
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.
I read the article whose link Bones posted. It is definitely an apologist site who, like Bones, are dedicated to ignoring the truth and defending their views no matter what. Here’s one item that really caught my attention on that web site. The web site’s author states that the TWO police officers (ADULT police officers) requested an assisting officer “due to the female suspect physically resisting the officers”. First of all, the “female suspect” was an 11-year-old GIRL. Why would TWO ADULTS need help with ONE CHILD? Even if that web site was the first site I’ve read about this case, I wouldn’t believe everything that site’s author says.
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?
I found an article from the LA Times that states what one of the police officers wrote in his report. The article’s URL/site is:
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.”