When Does a Prank Become a Crime?

I was going to write about something completely different this week but my attention was caught by the incident this past weekend where two teenaged boys (16 and 17) were arrested for attacking a high school dance and a young woman’s sixteenth birthday party with homemade chemical bombs. Fortunately, it appears that there were no injuries or damage at the high school, but there easily could have been. However, the bomb tossed into the birthday party exploded in the birthday girl’s face, burning her skin and eyes. She and two of her friends were briefly hospitalized.  I can’t get the image of the peaceful and fun once-in-a-lifetime birthday party celebration disrupted by fright and injury out of my mind. What compelled these boys to do such a horrible thing?

Apparently, the two boys learned to construct elementary chlorine and alcohol explosive devices from a YouTube video posting. I understand that they attend Bellarmine and assume they come from well-to-do families. All of this is beside the point. The fact is, their gross misjudgment to build and use chemical bombs in a prank had terrible consequences that may not have been intentional (something we do not know) but will have a life-changing effect on their victims, themselves and their own families. The victims have bodily injury and trauma to deal with. The parents of the two boys will be held civilly responsible and it will likely cost them dearly in financial terms. But what should be done about punishing the perpetrators themselves for their acts? Should they be charged with a felony? Should they be expelled from school for a period of time? Should they go to Juvenile Hall?

I was disturbed to read that a mother at the birthday party who gave an eyewitness account of what happened asked not to be identified as some friends of the boys have threatened to hurt anyone who gave the names of the bomb throwers to the police. This sounds more like gang activity. Are the two boys members of some teen gang? Have they been involved in similar pranks or broken the law before? All of this will certainly be taken into consideration by the DA’s office in deciding how to deal with them.

If these boys have a history as troublemakers and have been arrested before, then they should suffer the full legal consequences for the offence for juveniles their age. If this truly was an isolated case of a prank gone terribly wrong, they should still face punishment and, along with their parents, be made to attend regular counseling sessions until they are legal adults. They should be placed on probation for a year, their driving licenses should be suspended until they are 18, they should pay stiff fines and apologize to their victims, and they should serve at least one year of evenings and full weekends of public service, including stints in a burns and trauma unit where they can see firsthand the type of very serious life-threatening injuries they could have caused. Hopefully they will realize the error of their ways and go on to lead lives as responsible adults.

As for the young woman and her friends who were burned and traumatized, what can we do as a community to help them? I hope they will be able to get over this frightening event quickly and see it as one of life’s unasked-for challenges (there will be more of them), the defeat of which will make them stronger.

News Update:
http://www.mercurynews.com/ci_7211123

33 Comments

  1. I don’t get the part that keeps getting reported about “good families”. That’s crap. It sounds like the Columbine case all over again. Cause they’ve got cash and they’re white and go to a desirable school, the families are good. Yeah right.

    If the families were so good, the kids would know better than to build bombs and attack people with them. Kind of minimal I think.

    And money should not be ticket to an easy path out of this. The kids did something horrible that could easily have been eternally tragic and the parents have proven themselves incapable of controlling the behavior.

    Simple as that. I applaud the judge in the case for keeping them locked up. A minimum punishment should be as Jack suggests with at least a 1 year suspension from school during which time they could perform the community service at the burn unit full-time.

    One more thing, the police should aggressively investigate any accusations of threat that are being made and anyone found guilty of this should be punished at least as harshly as the bomb throwers.

  2. Given the fact that the alleged perpetrators are juveniles, we’ll probably not get the full story, absent an unauthorized and probably illegal leak.

    Their actions go well beyong an irresponsible prank gone wrong, from what I have heard so far.

    Their prior record, or lack thereof, will play a large part in sentencing.

    Don’t assume they are from well-to-do families because they attend Bellarmine.  There is significant financial aid provided to students who qualify.  But the financial status of their families has little relevance to their crime.

    Whether the perpetrator’s families suffer financially or not depends upon whether their homeowners insurance will pick up the tab on the civil end of this tragic incident.

    The “freinds” who intimidated witnesses need to be apprehended and punished, as well.  Such actions strike at the heart of our judicial system and must be dealt with harshly. 

    I heard the judge refused to release the boys to their parents, which indicates the seriousness of the matter, and says something less than flattering about the parents and the home situation, since one can reasonably conclude the perpetrators are not considered flight risks.

    We may end up getting most of the details from the inevitable civil suit.

  3. #3:  Jesse Jackson & Al Sharpton think that punishing the six cowards who jumped one guy because he was white is racist against the perpetrators.

    It’s like Alice In Wonderland out there the way these people think.

    We get the low rent version here re the cries of racial profiling against SJPD.

    #6—maybe they can do a bad lip synch of a Britney Spears tune.

  4. America, by following the false prophecies of
    Wall Street, Hollywood, Madison Avenue, Broadway, Silicon Valley and Santana Row, is destined to failure.  My brothers and sisters seek the truth, convert to Islam.  Follow the true teachings of Osama bin Laden.  Seek the spiritual nourishment of Nora Campos and Forrest Williams.  Turn your back on chemical bombers.

  5. Yo,

    Really why are we talkin about this?  It must be because the boys went to Bellarmine.  And the Bellarmine boys gotta look out for each other.  Anyhow, I don’t think the words “chemical bomb” and “prank” should be used in the same sentence.  I have seen kids go to jail for less serous offenses, and do serious time.  These boys need to do time, and learn from THAT experience.  Hell, they should even be tried as adults.  Hell they should even throw in some terrorism charges for good measure.

    LETS TEACH THESE THUGS SOME LESSONS!!!

  6. Hope the Jesuits expel the kids.  That’s just for starters.  Too bad they can’t be forced to complete high school in a different part of the country, and I don’t mean Brophy in Phoenix more like something in Watts or some other comparable communities.  How will it be for the victims to have to live in the same city, and very probably see these boys again.  The school and the community need to send a message that this is not tolerated in one of the “safest” cities to live in America.

  7. let’s not all jump on the bandwagon here to convict,condemn and sentence these kids before all the facts come out..However stupid the act, and I would concede that it was at least that, I doubt that injury was intended and from the reference in this morning’s merc. that the injured girls called the parents of the alleged perpetrator to say that they were o.k. and to show concern for the perpetrator’s well being, it would seem to indicate that this was indeed an ill conceived and careless prank which went very bad…a stupid mistake made by kids that winded up hurting someone….This incident is not about the parents, not about the school and certainly not about the Jena 6.  Please let the juvenile court system do its job and let the participants and their families deal with the emotional and legal mess which I am sure is both stressful and embarrassing to all concerned.

  8. I agree with #9 East Side Dre,
    These kids should be tried as adults, and charged with attempted mayhem and conspiracy. It is lucky someone wasn’t blinded or permanently disfigured. What they did was not a prank, but a planned terrorist attack using a chemical bomb. There is no spin that can make this into a prank gone wrong.

  9. The difference between a prank, and crime? Unfortunately, youth today don’t seem to know the difference, nor do their parents. When I was a youth, very long ago, putting TP on someone’s tree, a bag filled with dog poop on a front step, or putting shaving cream on their car was a prank.

    Violence has become way to acceptable in our society today. There are too many single Mothers raising children without help from the father. In my work with youths on the NAB Board, and through Victim Offender Mediation, I can tell you that 97% of the children under 18 I dealt with, had either no contact with their Dad’s, or didn’t even know who their Dad was. Single Moms have it tough they can’t be both parents. Young boys need a male figure to teach them integrity, hard work, respect, and how to behave properly. I think the lack of a male influence plays a big part in why these young boys don’t know how to behave appropriately.
    Secondly, video games, TV, movies, the Internet, magazines all make violence acceptable. Many video games kids play today have bombs, guns, lasers, death rays, the music they listen to has violent lyrics in it. Parents need to start taking an active part in what their kids are being exposed to. We citizens need to demand that companies who sell these kinds of games, music etc. be more responsible about what they’re putting out there.
    The bottom line is that there is no difference between a prank and a crime anymore. Stealing a car, trashing a schoolyard, and spray painting hateful words about teachers on school buildings is considered a prank by kids today, but under the law, it’s a crime.

    They say it takes a village to raise a child, and I whole-heartedly agree with that. Too bad more people don’t have that attitude. One day a month spent with a young boy or girl could make a life time of difference in the way these kids turn out.

  10. The Supreme Court once said, when ruling on a case, that an individuals rights extend only so far until they trample on another individuals rights.  In other words, Freedom of speech does not mean you can run into a crowded theater and yell, “FIRE!” 

    In this case, a prank is not something that gets another hurt.  A Prank is not something that uses racist or hurtful language.  A Prank is not something that results in property damage.  A prank is a joke that results in two people – the prankster and the victim – laughing together and developing a closer friendship.  Throwing homemade chemical bombs at people is in NO WAY a prank.  It is an attack, and a felony.

  11. #11 – Doesn’t the word bomb itself imply danger?  So, they perpetrated a dangerous act which did result in injury. These kids were on a little rampage, they threw four bombs, not just one that resulted in injury.

  12. YO…

    I was thinkin.. the best way to teach these kids a lesson is to have the greenest Public Defender serve as their council.  Now we all know that their parents are gonna get the best lawyers money can buy, and they’re going to get off easy.  But whatever.  Keep us posted.

  13. Oh Lord, this site has become boring.  Are you guys on vacation in mind or body or both?!  I mean, I don’t expect you to provide endless stimulation or entertainment or anything, but the postings lately have been so stale.  Meanwhile, there is a TON going on “inside” San Jose.  Why not get some discussion going about some of the better issues at hand in this fine City, like:

    – The massive budget shortfall and the inevitable sacred cow fight that will shortly ensue…

    – The pissing matches between Nora and Pete and the ridiculous overspend of $$ to rebuild a firestation that will result in no improvement in service…

    – The impending decision of the Sunshine Task Force to recommend releasing police records against the advice of the DA’s office…

    – The way-too-quiet arrangement between the Mayor and a prominent lobbyist that he’s hired into his administration…

    Come on guys.  You can pull this site back into a form that can again stimulate interesting debate and inform the public about what’s going on “inside”.  Until then… well… zzzzzz.

  14. Simon #16

    Thanks. These are all good suggestions for discussion topics. We can go in any of those directions on this thread today. Why don’t you start the discussion by telling us your opinion on these matters. I am sure that many of our bloggers would like to weigh in.

  15. Jack,
    I hope it’s okay to post this here!

    Please join Council Member Oliverio and Dr. Reed of Bascom Animal Hospital for a low cost shot, chipping, and nail clipping clinic, and an animal adoption, and pet information fair.

    The fair is:

    When: Saturday, Oct. 20th, from 1- 4p.m.

    Welcoming ceremonies begin at 1:30 p.m. Come meet Council Member Oliverio!

    Where: Willows Senior Center 2175 Lincoln Ave. San Jose, Ca.

    Please help animal shelters and rescuers find homes for displaced animals! There will be dogs, small, medium, and large, cats and kittens, bunny rabbits, mice, rats, hamsters, and Guinea Pigs looking for a new forever home!

    We will have low cost spay/neuter coupons in many languages.

    There will be coloring and candy for children!

    Come join the fun, and help us find homes for all the wonderful animals! Bring a friend!

    Hope to see you there!

    Please, spay/neuter your pets, it saves lives!
    =^..^=

  16. #20,

    Er… ok… seems a little strange to post discussion here where it will get buried under a header that has nothing to do with the subject matter (or perhaps that’s your intent Jack?), but I’ll bite:

    The budget fight this year should be interesting.  I, for one, can’t wait to see the outcomes of the Mayor’s special task force. 

    If we have to go through yet another fight over that ridiculous hose wagon in Willow Glen, I think I’ll hang myself.  (And don’t bother to call the fire department if I do… it’ll take them 9 minutes to get here and I’ll be long dead by then).  Speaking of which – want to find some budget savings?  Look no further than the FAT $$ sacred cow called the Fire Department.  But no politician in this town has the balls to do it.

  17. #18 I would agree that the word”Bomb’ does imply danger but I probably would not call this device a “bomb” as the Mercury did. If they called it what it apparently was, i.e. a plastic soda bottle which was intended to blow up and make a loud noise, then it would not have had the same impact either on readers or us bloggers. I have seen many a pumpkin blown up on Halloween using dry ice as the filler inside an empty palstic soda bottle. I wouldn’t call this device a bomb either but I assume you could. To me a bomb is something which is exploded to cause harm or destruction, not just to make noise. If the intent was to spray a harmful chemical (which I don’t believe it was) then I would call this a bomb.

  18. #16- “The way-too-quiet arrangement between the Mayor and a prominent lobbyist that he’s hired into his administration… “

    I’m not sure what you’re getting at. Please tell us more.

  19. #23 –

    I understand the intent of your post to say that those kids did not INTEND to do harm – just a prank.  I have heard of losts of pranks – a flaming bag full of dog poop on someone’s doorstep, TP’ing someone’s yard, etc. 
    what I want to say here is this: while those kids may not have intended to do any harm (whether they actually hurt someone and did damage to the building, or just scared someone), the kids who perpetrated this prank need to be accountable for their actions.  They need to understand that their actions have consequences, and that they will be held accountable for those actions, and their consequences.  You and I would not toss a homemade device like that into any gathering, because we know it has the potential to do harm to someone.  If we do not hold these kids accountable for their actions, we are sending the message to kids everywhere that actions like this are ok.

  20. I don’t recall every reading a post by k. machado. Now we have 11 & 23.  I’d guess it is Ken Macado, attorney at law, Bellarmine graduate, I believe, and lawyer to the former mayor.  So, he must be friends with the parents of the perpetrators, thus explaining his first posts ever on SJI, as an apologist for the malefactors.

    I agree that we must let the “system” proceed appropriately; but I disagree that anything containing caustic chemicals and designed to explode is not a bomb.  Had someone died, the charge would be at least voluntary manslaughter.  The fact that there were injuries “only” does not lessen the character of the act, or the responsibility of the actors.

  21. #26 johnmichael..I feel outed, but I was hardly hiding..fyi, i have posted a few times in the past but most of the time i just read and occasionally laugh at all the b.s….I confess to sometimes signing anonymously as do many others….as per your reasoning behind my posting in this blog, you are wrong… let’s just say there was no hidden agenda nor was acting as anyone’s apologist..just giving my two cents worth like everyone else.

  22. #24 and #27,

    Yep, that’d be the one.  The one and only Vic.  Funny thing is that he is apparently now on the City payroll but also still lobbying corporate interests in order to influence their standing with the City.  And yet Mayor Reed won’t just come out and say what he’s doing in his administration.  I expect better.  Especially from Sunshine Chuck.

    Sounds sticky…  Actually, I need to go open a window.  Something smells.

  23. #29- Simon, may I ask exactly what you are accusing the Mayor of doing with Vic? So far you’ve hinted that they are doing something unethical, but I haven’t heard you come right out and say what you mean, and back it up with facts.

    Have you ever asked the Mayor what Vic’s role is? Or are you just venting an opinion of disapproval?

  24. Kathleen #30: If SJ has a revolving door ordinace that prohibits mayoral and council aides from lobbying the city for one year after they leave city employ, how is it not a violation to have a lobbyist on your current payroll ?  Perhaps Chuck could favor us with an answer, ‘cuz I don’t get how it cannot be a violation, unless, despite the prohibition after one leaves the city’s employ, there is no explicit prohibition for doing the same things while still in the city’s employ.  Another example of less than stellar wordsmithing by our City Attorney, perhaps?

  25. Can you please send me the article in January or February 2008 which talks about the Bellarmine boys chemical bomb and I believe it mentioned that the boys were transferred to Valley Christian High School.
    Thank you.

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