Published: May 12, 2008 06:51 pm         

Second-graders charged in threat

MARGARETVILLE _ Seven second-graders at Margaretville Central School were arrested last week for allegedly plotting an attack on one of their classmates.

The boys aged 7 to 9 were charged by state police as juveniles with fifth-degree conspiracy, a misdemeanor.

A parent of the student allegedly targeted by the children learned about the plot Wednesday and informed school officials Thursday that the child felt threatened, Margaretville Superintendent John Riedl said Monday.

State police in Margaretville were contacted at about 1 p.m. and seven arrests were made by 1:30 p.m., according to troopers.

In a letter sent home to parents the day of the alleged incident, Riedl said the school had become “aware of a situation which involved second graders planning to hurt one of their classmates.”

“Because of the seriousness of this incident, and to protect the privacy of all of our children, we cannot release any details, but we want you to be aware that something has occurred,” Riedl wrote.

The gender of the classmate allegedly targeted by the boys was not identified.

No students were injured and no weapons were involved, Riedl said Monday.

But he declined to release any other information about the alleged plot, which he said remains under investigation.

“Federal law and common sense prohibit me from saying anything regarding our investigation last week,” Riedl said in a prepared statement. “Student safety is important to us, as is academic success. We will do our best to assure a quality education in a safe environment for our district’s children.”

A state police investigator in Margaretville familiar with the case also declined to comment.

“The school has asked us to direct everything to them,” Investigator David Lennon said.

Delaware County District Attorney Richard Northrup said he is not involved with the case and referred questions about it to Porter Kirkwood, first assistant county attorney.

Children aged 7 to 16 are typically prosecuted as juvenile offenders. Only older children who are charged with serious felonies face potential prosecution as an adult.

Kirkwood, who handles the legal aspects of social services cases, said he could not comment on any individual incident.

But speaking generally about juvenile offenders, Kirkwood said the responding law enforcement officials exercise discretion over whether they issue an appearance ticket for the probation department, refer the child directly to family court or, in some cases, detain a juvenile suspect or seek parental consent to send a child to a mental-health facility.

The vast majority of cases are resolved through an initial process overseen by the Delaware County Probation Department known as “adjustment,” Kirkwood said.

“Probation (officials) will work with the family,” Kirkwood said.

If the juvenile offenders and their families react well to adjustment, which is a voluntary program, the case is usually disposed of, he said.

If the adjustment does not go well, the juvenile offender can be brought before a family court judge, Kirkwood said.

The probation department also has the option to refer a case directly to the county attorney’s office for a review based on its severity. The county attorney’s office would decide whether or not to proceed with prosecution through family court, Kirkwood said.

After a process parallel to criminal court, a juvenile offender found culpable for his or her actions may be sentenced to probation, placed with the Department of Social Services or placed with state Office of Children and Family Services.

There were two 7-year-olds, four 8-year-olds and one 9-year-old charged in this case.

A State University College at Oneonta professor who specializes in developmental psychology said Monday children that age often do not consider the consequences of their actions.

“A lot of 8-year-olds are thinking fairly primitively,” Cynthia Miller said.

Miller said she was not familiar with the Margaretville case, but for second-graders, getting arrested is a rare occurrence.

“My guess would be there is probably one kid at the bottom of it that somehow talked the other kids into it,” she said.

This child would have a particular characteristic that made him seem powerful to the other students and he “psyched” them into following him.

Without knowing the circumstances of the incident, it is hard to place a motive on it, she said.

“There are so many factors that influence kids’ behavior,” Miller said.

Troopers and school officials would not discuss what may have motivated the students.

Miller said that she leans toward the opinion that police intervention can sometimes be detrimental to a child’s development.

But if 8-year-olds were talking about hurting other kids they may need serious help, she said.

“Kids are redeemable, especially at the age of 8,” Miller said.

Riedl would not disclose what punishments the school may have meted out against the students who were charged by troopers.

“I’m not willing to comment on these disciplinary actions,” Riedl said.

Margaretville Central School has 465 students in grades kindergarten through 12.