DOCUMENT: K-12, Crime

Boy, 12, Busted Over Spilled Milk Incident

Student facing criminal raps over cafeteria beef

APRIL 15--A 12-year-old boy was handcuffed and arrested by police when he scuffled with an officer after refusing to clean up spilled milk in the cafeteria of his Indiana middle school.

The student is facing a pair of misdemeanor resisting law enforcement counts, according to a Valparaiso Police Department report detailing the incident Tuesday morning at Ben Franklin Middle School.

The sixth grader, whose name was redacted from the report by police, got into a dispute with a school staffer when he refused to retrieve some napkins and clean up the spill during his lunch period. The boy, police reported, became “belligerent” and told the employee, “This is stupid, you’re retarded.”

After a school resource officer approached the student and asked him to clean up the milk, the boy said, “This is crap, I’m not doing it.” He then got up, emptied his tray into the trash, and began to leave the cafeteria. The officer instructed the boy to return to his seat and wait further instructions from the school administrator.

When the student became “increasingly agitated,” the officer grabbed the student by the arm and “began to perform an educational escort.” The boy then broke free, and ran around the cafeteria and a hallway before being tackled by the officer, who handcuffed the five-foot, 100-pound student.

The child was taken to the principal’s office, where he was later released into his father’s custody. (2 pages)

Comments (60)

bust a cap, problem solved... 7 billion people on this planet, why put up with bad children, we have plenty of good ones, eliminate the bad ones and society improves! goes double for lawyers and politicians...
Hey Looker I can't wait to see your kids on T.V. one of those addiction shows, with your attitude everything is o.k. in YOUR dumb A S S world. Non Gratis!
gEE lOOKER, fROM YOUR COMMENTS, i WOULD SAY YOU ARE A PRODUCT OF ONE OR MORE OF THE FOLLOWING, a SPOILED bRAT FROM A MONIED fAMILY, A VERY ABUSED CHILDHOOD, OR A CHILDHOOD VOID OF ANY DISCIPLINE AT ALL, OR A PLANT. eITHER ONE, YOU ARE WHAT THE PROBLEM IS !
Yes i am from wealthy family. Nothing wrong with it. My kids been taught how to think for them self and the law. School would never be able to make my kid do such thing as clean up unless they wanted. They know that they have my permission to refuse.
you sound like an ambulance chaser
Until one is old enough to vote, the only rights they should be entitled to are food ( sustenance, NOT pizza or candy ), shelter ( a roof over your head, not a mansion ), safety ( guardians that don't beat or maim their child ), education ( both in a public and home forum where they are to learn necessary skills to succeed in life ). looker, you are only misguiding your children into believing they can sue over anything. I only wish the U.S. would adopt to same frivolous lawsuit rules as the U.K. where WHEN THEY LOOSE ( because they would ), they are responsible for paying all court and lawyer fees for both parties. I'm married to a 3rd grade teacher who comes home at least once or twice a week, upset about how she has no power to reprimand a disobedient child in her class room. Or how she can't give a failing grade to a child that obviously put forth no effort and/or didn't do the project at all because they are told it might hurt their feelings. Our society is teaching our kids they can do whatever they want, however, they're not telling these kids they will have to actually work for it. With parents such as you, they learn to manipulate the system and not have to work at all to get what they want. Could you imagine in that small brain of yours, what our society would be like, if people would spend the same amount of time being productive rather than finding loop-holes in the system to capitalize on. Sure, you may retort with something witty, or clever, but the fact of the matter is, you are wrong. Sure you believe you have a right to voice your opinion, but that is all it is, YOUR OPINION. Your are a sheep, you blindly go where the shepherd tells you in the misguided belief that you'll be safe and cared for. But what will happen to you when there is no shepherd, and the wolves are on the prowl?
It's the attitude of people like 'looker' that are creating these entitled, punk kids who do as they please. Real good lesson to teach: Go out and do whatever you want, and if anyone gives you a problem, I'll sue them. These liabilities are why the quality of education has gone to crap even as the price goes up. Bottom line, the kid should do as he's told. Whether or not he agrees with it. This is the way all, or I guess most, of us were raised. God help the school that inherits your little bratty kids...
If i am ever in situation that require lawsuit i do not hesitate to use it. The school can't make the kids do manual labor, only court can. Most they can do is give him detention or suspend him/expel in extreme cases.
And I hope you're put in this same situation some time in your life. Your laughable lawsuit will put you in the poor house before you knew what hit you. And yes, you have to clean up after yourself in the poor house. No janitor's there...
I am wealthy, I am a lawyer. The school will quickly either comply or will have to pay up. The only entity that can sentence person to manual labor is the court being that otherwise school is guilty of violating child manual labor law.
The 2 facts you state at the beginning here MUST be mutually exclusive. There's no possible way you made your "wealth" by being a GOOD lawyer. Especially if you think this kid, and/or his family, have a legitimate case. That said, I would imagine your "wealth" (if it exists) was your inherited. In which case I completely understand why you feel the way you do. One spoiled, over-priveledged and poorly parented brat sympathizing with another. Don't quit your day job.
Good for this kid refusing to clean it up. It's the job of a janitor to clean and not the student. The student is there to clean but to learn. Hopefully the kid will sue the school for millions and laugh all the way to the bank
There ya go, Looker. That's the ticket. Hopefully this kid will learn from this incident at school, to sue the school. Take advantage of all situations in life to sue. Then why would he even need reading, writing, or arithmatic?? He'll have so much money AND its a guarantee he'll have many more chances to be published, as an adult, in The Smoking Gun. Something to be proud of again and again. And again.
Students are in school to be obedient and to learn....fools are in school to act up, be disobedient and to be fools....
I did not read where there was proof that this student was the one who made the mess. It was an assumption. What would these loser administrators do if a food fight broke out? Pull out their tear gas canisters?
What a spoiled little brat! This is a perfect example why public education should be abolished. The Supreme Court has hijacked America's once Independent School Districts and forces us to put up with nonsence like this. Once upon a time, monsters like this could be expelled or have their bratty butts beaten so hard they would not dare to even think about sticking gum under their desk top. Now we are at the mercy of juvenile sociopaths who freely roam school hallways, terrorizing students and staff alike. America deserves to go broke for tolerating this crap. I wonder if the brat was getting a free lunch, too?
Or, maybe, we have a future citizen who believes in standing up for their rights and themselves, and you're totally off base. Well, you are, anyways, making assumptions left and right regarding the character of someone you've never met. Ever get a parking ticket? You must flaunt the rules and think you're above the law! Speeding? Sociopathic behavior! You don't care about the safety of the other drivers!
He sounds like a child who lacks discipline in his life. A 12-year old child should do what he is told in school.
A 12 year old have brains for a reason and should/can think for him self. Why should he follow orders from teacher/officer etc blindly?
Obviously the parents need to go "OLD SCHOOL" on their child and teach him respect for authority. Bust that ass.
Respect for authority? hahahaha that is totally old school. Welcome to the 21 century.
Bust a move....
Ummmm, here is some advice for the attorney representing this kid...and something for the rest of us to ponder. Can a Law Enforcement officer order someone to clean up a mess? Is this a lawful order? Especially when the officer wasn't present at the incident when it happened? A store clerk calls the police and tells them that I spilled a jug of milk in isle two? If the officer tells me to clean it up, and I refuse, is that a legally chargeable offense? My guess, the answer is no. The officer could possibly charge me with some sort of possible vandalism, however, I highly question any order of that sort. Let's say it is true, that an officer can order you to clean something, on suspicion. A person is suspected of shoplifiting at a gas station...what is stopping an officer from ordering that person to sweep the gas station? That sounds more like something a judge orders...a punishment. Punishment without a hearing...I don't think so. We aren't under Sharia, yet.
For a lot of the people taking the kid's side - I think you may change your mind if you read the full police report. This kid has some issues. This kid is a prime example of why we have such a problem with adults not taking personal responsibility. He spilled the milk - it was on a table - not the floor - no big deal - get a couple of napkins and clean it up. HE's the one who made an ass of himself and called attention to himself - I'm glad for him that someone is finally showing him that there are consequences to his actions - it doesn't sound like his parents are doing their job in that department.
I have read the full report, and I do not agree with you. There's nothing to say he spilled the milk, and from his reaction, he does not believe he spilled it, and thus does not believe he is responsible for it. I might lean towards blaming the parents, but we don't know anything about this child, and honestly, in my experience, his reactions point to someone who is constantly being blamed for things he did not do, or constantly being harassed by other students. I do not believe the officer's reactions were warranted. Tackling the child? Really? Not saying he shouldn't be punished for his actions, but on the other hand was the cause of all of this really warranting what happened?
School officer should have mopped the floor up with the punk and let them all know this is his world and don't #uck with it.
I think most cops where the one's that always got picked on in school. This one now had his chance to exact revenge!! ACCIDENTS HAPPEN.... Last time I checked they had someone that cleans up spills, cleaned floors and so on. Whats the word I'm looking for....... Oh yeah "Janitor" I guess this school has the students do all the cleaning. Good way to save money!
This little brat needs a full year in juvie, and his parent(s) a year in prison. They'll slowly learn that you clean up after yourself in public.
Is this a joke? A year in juvenile detention for spilled milk? That's not even funny.
Every time you spank a kid an angel gets it's wings.
What everybody fails to realize is that this boy was probably embarrassed already for making a mess & then to be told to clean it up he had 2 choices, in his tween brain, either squat down with a bunch of napkins & wipe it up while all the other kids watched or act like a bad*** & get your self out of there one way or another. I'm not saying it was the right decision I just know how a 12 yr. old boys brain works I have 3 boys & while they never acted like this at school if push came to shove, they would shove.
who the f--k do you people think you are putting your hands on a child for something so minor. I had problems with school authorities in that area when i was young. then they had corporal punishment until one day i said no mf was going to touch me again. it never happened after that because they knew i was serious and was willing to do anything to defend myself. I still do not tolerate anyone putting their hands on me.
It is really amazing what some of you (assumed) adults have to say about this child, even worse - what you're saying about yourselves. One of the biggest problems is that we treat children as if they're adults. No, he's not a baby but he's also not grown. Many of us adults are responsible for the lack of manners that children exhibit as we tend to interact with them as if they're mini-adults. That's why this boy saw no problem with speaking to these people in this manner. We don't know what kind of people his parents are. Good parenting does not always guarantee good children. I feel for those of you that are so messed up that you would not clean up your own mess just out of basic decency or those that somehow justify this kind of behavior coming from a child. The spilled milk isn't serious; it's the kind of thinking with regard to 'real' issues that can be a reason for concern.
That is what janitors get paid to do, clean up after people.
Valparaiso, IN is a very affluent community (I live nearby in a not-so-rich town). The kid probably feels it's beneath him to clean up after himself because at home, the maid does it all for him.
some areas of valpo are well off. this school, however is not necessarily pooling from that area. chances are he's middle class or a poor renter. my parents live up the street from this school (i used to take my dog to play in the football field before they remodeled and fenced it off) and there are a high percentage of rentals in that neighbourhood. and while he could have been a punk brat, it's also likely he was your run of the mill 12yo boy with immature judgement or he could have been somewhere on the autism spectrum and the way they handled it turned a bad situation into a clusterFark.
The so-called parents of this little delinquent never bothered to teach this future inmate correct social behavior expected for a child in school....the apple doesn't fall too far from the tree..the parents must be a couple of real losers...
What?!? No Tazer? What is the world comming to?
So I take it when you or your kids make a mess at mcd's or walmart, you stop and clean the mess up. Or when popcorn or a drink spills at the movies, you go to management and ask for a mop or broom. Yea right hypocrites.
Great responsible parent you would be. I would hope someone teaches my and other kids respect at this age! Grow up MrJay.
Actually yes, I do clean up after myself in public. Not just because it's the right thing to do, but because I myself work in the service industry and appreciate it when others pickup after themselves. It makes my job easier and doesn't add to my already demanding list of tasks to do. Thanks for acting like you know my life you fool. I bet you're one of those people who puts their 1/2 finished McD's soda cup ON TOP of the garbage can before walking into WalMart to get your Kool Aid at a discount price. Putting your used trash INTO the receptacle makes way too much sense for your little brain.
I am one of those people that leave it on the table. It's not my job to clean after my self, that is what the workers get paid to do.
True. They do get paid for that. Monetarily. You should try something. Just for the heck of it. If you don't like the results, go back to your selfishness. Try doing the right thing. Taking some responsibility for yourself. No matter what or if someone else gets paid to clean up after you. See how you feel afterwards. It works wonders for me. Its the right way to live and feel. If it sucks for you, like I said, go back to your "all about me" attitude. Just a suggestion. I used to be like you. So I'm no better at all. I felt miserable then. I do understand. Never give up in trusting and thinking of others. If you want to live a very happy joyous life.
looker you are a giant A$$HOLE
Yes i am and i am very proud of it.
Most kids don't know that in Japan they don't have anything called a "Janitor" the KIDS do all of the cleaning of the lunchrooms and classroom. I also agree w/WebblesWooble, if I had of pulled that stunt I'd would have gotten 3 tanning's of my hide. Cops in schools or School Resource Officers?? No wonder the schools are broke. Back in my day between my Mom, the Nuns and the Principal, I didn't dare do any of that crap or even try to think I could. Back in '74' I took a small butter knife to school in my lunch and someone saw me spreading my peanut butter and jelly on my bread and I got kicked out for that. Boy did I catch he!! when Mom had to take off from work to come get me. (I was 16 at the time) I see it in fast food places where almost no one takes their tray and dumps it, most people I ask why didn't you clean up your mess so I can sit down and eat their answer is they got someone back there to do that......If no body cleaned up after themselves at those places the Fast in Fast food would cost more and take longer, ask that gal in Fla. that tore up that BK last month. 20 mins. for a Whopper Jr. That kid is a BRAT and heading for J.D. till he's 18 and then on to the big house w/that mouth and attitude. Also his Mom or Dad should have to do lunchroom duty for a month as punishment for raising him to be like that.
Last time i checked we do not live in Japan, so what they do there is irrelevant. I do not send my kids to school to clean and as such they are been instructed to refuse to clean any mess as that is janitor duty. If any school official try to discipline them for that they can expect nice letter from my lawyer(s) follow by lawsuit if necessary.
Make real sure to have the lawyer write the letter. you can't spell!!! must have been to busy making messes and not cleaning them up to pay attention to learn, or were you in detention. p.s. who do you think pays when the school loses the lawsuit?
I am usually doing couple of thing while replying on message board or here so spelling sometimes goes out of the window. Taxpayer will pay when school have to pay up but that is not the point. School employee people to clean up called janitors and they should use them. At most school can give this kid a detention, like sitting at the desk and writing 200 times over and over again "I will never do that again" or something like that. However they can't make the kid do cleaning.
My mom attended a Texas rural school back in the 20's. She told me that the kids did all the janitorial work -- sweeping, cleaning the black boards & windows, etc. Older kids chopped firewood for the pot belly stove and cleaned out the ashes. Air conditioning consisted of open windows and fans. Kids brought their own food to school, and shared with school mates who had little. Local farmers mowed the grass with tractors. The Supreme Court and the Federal government played no part whatsoever in "managing" local schools -- and the OVERWHELMING M-A-J-O-R-I-T-Y of all local communities were better for it. The budget was balanced and school taxes were low because so many "essential" staff positions just weren't needed back, positions like school hall monitors, policemen, counselors, janitors, cafeteria workers, bus drivers to haul students long distances for integration and consolidation purposes, staff necesssitated by federal compliance mandates, and full-time school district attornies. Billions of dollars weren't squandered casting pearls before ungrateful swine or babysitting uneducatable students. This was back in the days when sanity ruled: Before generations of our best and brightest were slaughtered in two World Wars that left us weak and vulnerable; Before the "victims" we saved in WWII turned on their gentile saviors and seized the places of power and influence in our own country; Before integration was crammed down our throats at gunpoint, ripping apart our social fabric and destroying communities and property values; Before tens of millions of illiterate, weaponless Third World invaders overran our country, recreating the failed cultures from which they fled. All of this was made possible by an American government occupied by those who hate the people and culture that created America.