Police arrest 9-yr-old after he misses court on gum charge

Trevor Hughes | USA TODAY

Prosecutors in Post Falls, Idaho had police arrest a 9-year-old-boy who failed to appear in court to answer charges he stole a pack of gum.

Kootenai County Prosecutor Barry McHugh said he now regrets that his office sought the arrest warrant. The boy was arrested and released Jan. 9.

"After reviewing the file today, I have concluded that my office's request to have an arrest warrant issued was a mistake under the circumstances," McHugh said, referring to a statement his office issued Monday. "I regret this having taken place and will do everything in my power to avoid this type of mistake in the future."

In an interview, McHugh said prosecutors sought the warrant because the boy had missed two court appearances.

Post Falls Police Chief Scot Haug said the boy was accused of taking a pack of gum this summer. He said his officers were legally obligated to arrest the boy, who was taken to a juvenile detention center in nearby Coeur d'Alene for processing.

"He was not handcuffed, he was not searched. He was not put it into jail, they basically just gave him a ride," Haug said. "Now, that doesn't make it right."

He added: "When the warrant was issued, it was shocking to our staff. I've never seen that happen before. I think this case slipped through the cracks."

Post Falls, which is just east of Spokane, Wash., has a population of about 30,000.

McHugh, an elected prosecutor, said his office had unsuccessfully tried to enroll the boy and his parents in a court diversion program. In the statement, McHugh said his office should have requested the court order a child-protection investigation, which would have generated more information about the boy's situation.

"Knowing the child's age, the charged offense, and other circumstances in the case, we should have attempted this other option," he said.