Mom handcuffed, jailed for 8-year-old son walking half a mile
reason.com
reason.com
> "I still didn't know it was illegal and I said, 'I don't know,'" says Wallace. "That's when the cop replied, 'Okay, I'm going to have to arrest you.'"
Let's quickly drop the idea that this is the fault of nosey neighbors, helicopter parents, soccer moms, or "Karens". This is 100% a justice department problem and anyone from the police to the district attorney could have nipped this nonsense in the bud.
This is the fault of the nosey neighbor AND the fault of the police AND the fault of the district attorney AND the fault of the CPS case worker. All four bear blame for this travesty.
No, let's not. According to the article, the neighbor who called the cops asked the boy where he lived, "verified that it was just down the street, and proceeded to call nonetheless". Excuse me? What decent neighbor calls the cops on a neighbor's kid walking just down the street from his own house?
I agree the law in question shouldn't even be on the books in the first place, but one of the things you're supposed to do as a neighbor is to understand that we have an insane legal system and not invoke it on one of your neighbors unless you really, really have to.
Then go downtown and.. do some police work? What the hell man, stop harassing an innocent mother.
Minor sex-trafficking is almost always done by someone known to the child, usually a relative. And the child is usually in their teens, although occasionally younger.
Just a warning, more than a few of the videos on AuditTheAudit are infuriating due to the level of arrogance, incompetence, negligence, and abuse of authority displayed. But, it is nice that there is a way to air this dirty laundry in public. As GI Joe says, "Knowing is half the battle".
If you don't want to be arrested for breaking a stupid law, vote for someone who will repeal it.
Sure the police could in theory neglect to do their job which is enforcing the law but then they'd probably just get fired and replaced by police who did do their job.
It's the same in government. Government is so large now, that every law that gets passed is now make-work law. And for all the same reasons that people with no critical thinking make it their job to enforce stupid ideas like "all code used for authentication in web apps must be written in C", people in the legal system, including and ESPECIALLY "soft" jobs like CPS, have to justify their existence by making the most work out of the least situation.
So I'll do you one better: it's the fault of politicians tugging on heart strings to pass overreaching, touchy-feely laws, that give government too much power, in order to get themselves reelected.
there is not a finite supply of culpability. they can _all_ bear (varying degrees of) responsibility for it.
this is the real problem here. who in their right mind calls the cops on a kid walking around his own neighborhood?
I wish I knew. My children have had the cops called on them for playing in our front yard. I wish they could spend their afternoons climbing trees and playing in the grass like I did growing up, but there's a group of people who see children playing outside of direct parent supervision as a categorically dangerous activity.
I'm always struck when I take my kids to school and see the high schoolers gathered around waiting for their bus to pick them up. You wouldn't even know they exist otherwise - there's no other signs of their existence, no groups of them playing at the park, no sounds of games in the streets, no hoots or hollers from down the block - just nothing, silence. Each house is an island and each teen a castaway from 4pm when they get home to 7am when they leave for school, severed from the neighborhood and each other while the same folks say, "How come kids don't play outside anymore?"
Complete anecdata, but the parents in my close friend group are split between "parents with a more free-range kid mindset" and "typical upper-middle-class parental paranoia."
The free-range kids are mostly happy-go-lucky, emotionally stable, and thriving. Almost every single kid over the age of 10 with paranoid parents is diagnosed with a mental health condition of some sort. I mean I literally can only think of one who is not in therapy or taking medication. I think the isolation and lack of unsupervised group activities that you describe is a big part of it.
One of my more paranoid friends made a judgmental comment recently regarding my other friend's daughter not being in therapy. I was extremely confused and asked if the kiddo was having emotional issues. Her response was, "Well not yet, but 12 is a very stressful age, and I think that when you have the money to do so, it's just good parenting to ensure your kid is talking to a therapist on a regular basis."
The level of paranoia needed to believe that every single perfectly stable 12-year-old needs weekly visits with a mental health professional to ensure their health and safety, and that not supplying this is neglectful, is just... bizarre.
I cannot help but believe this sort of behavior is severely damaging the psyche of these kids. And I also don't see how it can't be hurting the parents as well. Imagine how incredibly stressful it must be to be a parent who believes every stranger, every walk around the block, and every pre-teen mood swing is a serious danger to their child.
We can broaden that a bit to: “There’s an ever growing group of people who think they can and should be the arbiter of other people’s behavior.”
Everyone needs to learn to mind their own fucking business.
We don't live in the states.
https://www.statista.com/statistics/1310218/time-spent-using...
Generally the younger you are the more likely you are to be a heavy user of your phone. There is no data for it but I would expect that high school and jr high kids are probably even higher users than 18 - 34.
Where do you live?
Whenever I read these stories it feels like I live on a different planet from everyone else.
It was like this when I was in high school as well: There is no place where young people are allowed to gather and explore their personalities.
Now, this is a peaceful suburban neighborhood we're talking about, and we're on a stretch between his school and a park near our home. He's riding his bike on the sidewalk, and he's being careful about it.
Off he goes, and the two of us stroll peacefully until we see him stopped, with an old lady talking to him. He wasn't wearing his biking helmet that day, and we had to endure a lecture about it and veiled threats -- "I could have called CPS, you know" -- and smile politely all the way to avoid escalating.
Somewhere along the way, our society blurred the line between "stepping in to prevent child abuse" and "thinking you're entitled to being hostile and sanctimonious to other parents".
That attitude, while perhaps more comfortable in some ways, just enables the sort of behaviour you encountered, and apparently disliked, from that woman.
A blunt response like, "Fuck off. Don't talk to my son.", followed by walking away from her, may have been harsher and not particularly polite, but perhaps it'd cause a person like her to avoid such meddling in the future.
Depending on where you are, she might have gone decades without any kind of resistance to her behaviour.
Too much politeness can be worse than none at all.
Not a jab at you, but so tired of random people thinking they know what is best for my son from a 3 second interaction. We really need to bring back some shaming as I truly believe that is how you get a community to work together again instead of against each other.
You shouldn't have had to endure a lecture or be threatened by your neighbor. If the kid is just learning to ride a bike without training wheels, it would have been worth it to go back and get his helmet. I hope the lesson isn't "you shouldn't tell people when they are doing something dangerous," but that you shouldn't be a complete prick about it.
no you didn’t you were just too afraid to tell her to fuck off like any normal person would do in that situation
It's not the problem, but it is a problem. There's no reason we shouldn't try to work on both.
> The problem is that the police, and then the DA, chose to make this a criminal matter. Either of them could and should have dismissed the issue after verifying that the child was not being put into a harmful environment.
Yes, but what's their incentive to do so? The more I look at the society in this country, the more I see that the incentives for LEOs are perfectly aligned with corruption and abuse of power.
You can get phony DUIs now too. How many people are on some pharmaceutical? Well if so, you’re automatically guilty, even if your doctors tells you that you can drive, and must take the meds.
He called because there was "an animal in distress."
We pulled into the driveway just as an RCMP officer was arriving "on the scene."
She entered the house with us, petted the dog, and rolled her eyes. And "closed the file."
The dog was doing its job.
Asshole neighbours (even in Canada) are a real problem.
One came up to our back door ranting and screaming, and my dad had to tell him to fuck off.
You usually only notice people when they do something weird-- maybe 999 days out of 1000 that neighbor is perfectly normal, but on that one day they were having an off day. That's the day you notice them.
An advantage of living further from people is that just fewer interactions with strangers and near-strangers so fewer opportunities to be the victim of someone's off-day.
Only got put in a cop car in the US - in both Germany and the U.K. they realised I was just doing normal human stuff - both childhood occasions in the US they gave my parents a talking to, as an adult they were unreasonably suspicious as to why I would be walking rather than driving, but let me go with a warning to drive in future.
So - the problem is the police, and the justice system, as curtain-twitchers live the world over.
The profoundly innumerate, that’s who. They overestimate the risk of an adverse event because they rely solely on media reports of child safety events to anchor their estimates, never stopping to consider that the media doesn’t report on children safely walking home.
Low and behold a few years later I find out that its my highschool police officer I get to see every day!
This really depends on your life experience.
For some this is no big deal. For some this means the parents are in a drunken/drug stupor. For some taking care of a kid means being instantly labeled as a pedo by parents, police and neighbours.
Sure, that's all a bit circular, but good luck breaking the spiral with a "law and order" mentality.
On average, the cops are nuts in the US... It just take one hot head in a group to make them all act badly...
Please consider donating what you can: https://www.gofundme.com/f/restore-money-lost-after-wrongful...
To be clear, Wallace "is in debt after losing her job and paying for the lawyer and the diversion program" and "hopes to hire a lawyer to get her record expunged so that she can work with kids again." The GoFundMe is to pay for those costs. It won't do anything to undo the original miscarriage.
It would of course be ridiculous to claim that these things don't happen absent of car culture: it's a broader trend than that, and there are suburban areas that buck the trend. But the urban/suburban divide here is stark: I grew up walking to school and riding public transport alone, and it's normal to see kids running around my neighborhood without any supervision. That kind of freedom works because nobody is surprised to see a 6 year old running errands; they're seen doing the same thing every day.
It's bizarre. Where I live the police are not insane like this but people will still be shocked if they find out you walked 1/2 mile instead of taking a car.
So I get that you want to find car culture to be the root of all evil, but I don't buy it.
Of course, nothing is monocausal. But if it were, that faulty would be 'car centric suburbia'.
I don't have anything to add, this is just a really important point.
In Japan, children are encouraged from early age to be independent. They even take the subway and bus by themselves, albeit it's significantly safer there than in other parts of the world. Still though, I think people in America have gone off the deep end.
> In our culture today, parents and other adults overprotect children from possible dangers in play. We seriously underestimate children’s ability to take care of themselves and make good judgments [...] Our underestimation becomes a self-fulfilling prophecy—by depriving children of freedom, we deprive them of the opportunities they need to learn how to take control of their own behavior and emotions.
Edit: Not sure why I'm being downvoted, this comment isn't a judgment on anyone or promoting any type of child-rearing philosophy. It's just an obvious truth. Nobody wants to be that parent, and that obviously influences behavior.
I agreed with you ... because I misread your comment as being concerned that the cops would come pick up your kid (like happened here in TFA). My (semi-legitimate) fear is that I'll be harassed as a parent for letting my kids do normal things like walk around the neighborhood. That'd be the only reason I might not encourage it.
Your kid is much more likely to be picked up by the cops over handwringing like this than to be kidnapped.
It took me quite some effort to overcome that but I made it easier by reading the statistics on child deaths and other crimes.
PS. I'm a father of three girls and live in Europe. Kids here navigate on their own with public transport if needed between home/school/etc since the age of 6.
And yeah, of course nobody wants that, but you can't take away a healthy part of growing up because of that.
Would not be surprised to learn that school districts in area even require children to walk to school if they are within that distance to their schools.
Anyone involved in this should at very least should lose their jobs and family should be awarded significant compensation for the harm done to the family.
But we're only hearing the mother's side of the story. The neighbor who called the cops, the actions of the police, it's possible they saw something that wasn't reported here. And something about this story sounds a little off to me. A kid is peacefully walking a half mile home, someone calls the cops, and the cops actually show up and intercept the kid before the kid gets home?
Perhaps the kid wasn't actually okay with walking home, perhaps the mom was kicking him out of the car as a punishment, perhaps the kid didn't know what to do and asked a neighbor for help, perhaps the kid told the police that he didn't feel safe with his mother, perhaps some other stuff happened that the mom wasn't willing to tell Reason about, perhaps the police made a judgement call based on interviewing the neighbors and child that the mother had behaved inappropriately here.
But maybe the story is completely accurate and this is just bad by the cops. So I hesitate to judge either way.
The giant delta between the possible prison sentence and the consequences in the plea deal is a signal that the prosecution thought they would do poorly at trial.
My own neighbors (who I like, but they make a good example here) had an incident recently. Their elementary school-aged kids play outside from dawn to dusk if they're not in school, which is cool. One day they built a fire in the woods behind their house, which backs up to 10,000+ acres of public woodlands and grasslands, in the middle of wildfire season in California. An hour after the kids "put it out," it was unattended and still producing large amounts of smoke. Someone walking by finally called the fire department, and the police also arrived to give the parents a citation. Anyway, to hear the mom tell the story it sounds outrageous that someone made the call and that emergency responders showed up, but everyone else who saw the situation unfold was pretty concerned about the fire.
I'm not saying it should have gone as far as it did, but I also agree there might have been more to it than we know about.
Clearly the cops started this stupid ball rolling, but anyone at the local attorneys office could have just chosen not to persecute. Instead they offered the plea deal.
Not sure if he was the DA for this case.
*Yes I'm fully comfortable publishing a public link for a public official.
More than one person can be at fault. I would place some of the blame on the neighbor, the police officers, the District Attorney, and the CPS case worker for this.
And sure, the ideal DA would have charged the cops for the kidnapping and child abuse. But we're quite far from reforming the system so that cops are actually bound by the law, and focusing blame on both is needed to move us there.
https://www.treehugger.com/children-protected-reasonable-ind...
> "Wallace believes this could be due to the Reasonable Childhood Independence law that Texas passed in 2021 with the help of Let Grow, the non-profit I co-founded. It's part of HB567, a larger child welfare reform bill, and clarifies that parents are allowed to let their kids engage in independent activities as long as they aren't putting them in serious, likely danger."
But as the story notes, that bill did not affect criminal law, so the cops can still do this.
For example: I have a neighbor whose 10 year old rides the subway, alone, to and from school. This includes some amount of walking on either side -- something close to half a mile in aggregate on google maps.
In the suburb where I grew up, parents are now required to meet their middle school children at the bus stop or arrange for alternative transportation.
In middle school, in the same community, which hasn't changed much, I rode my bike several miles. So this is a recent change. AFAICT it's because of some pedestrian fatalities and injuries a few years back.
Raising children in a car-dependent suburb seems like a good way to set them up for a few years of stunted adulthood while they learn basic "how to operate without an adult literally physically present" skills... I'd like to move to the suburbs so I can have a nicer house and a yard, but I don't think I want to subject my children to that environment.
We can have freedom for them to play outside, if we only live in a rural area where my wife and kids will be the only non-white people around, where we will be bound to use a car for every errand, and where the politics of everyone nearby will be opposite our own.
We can have a walkable neighborhood if we sacrifice safety and health (density in US cities is built on the busiest, most polluting roadways), or all of our savings to live in one of the very very few walkable, safe urban communities in the US.
These things don't appear to be improving. We have half the country engaged in absolutely insane conspiracy mongering including human trafficking stories that spark the behavior seen in the article (when the woman calls the police on the child walking alone outside). We have cities and states that prioritize the car over every other means of transportation, which creates unhealthy air, unsafe urban environments, and fractures communities as highways get wider and wider. We have defacto segregation in schooling and housing, coupled with rising nativism, that means if you are non-white, your options for where to live without sacrificing your basic dignity are severely constrained.
I'm not anti-US in a general sense, but I do think the above factors make it a sub-optimal place to choose to permanently settle at this point. The only reason I can see at this point to live in the US is the higher salaries, but once you've got enough where you can choose to forego that, I can't see good reasons to stay.
Have you ever considered the remote possibility of your politics being the reason behind the dystopian future you see arising around you?
"for her to endanger"‽‽ The craziness started with the neighbor, continued with the cops, but then also through to sentencing!
You guys (as a general completely unfounded generalization) live and breathe fear.
(With the obvious caveat that I do not claim to represent the entire American population) I think it is the latter. This kind of thing is newsworthy precisely because it gets people riled up (as it should). It is pretty shocking to me as someone who has lived in the US my entire life. As other commenters have said, I also walked to school alone as a kid with no issues.
One case I always think about is when a 17 year old sent a picture of his penis to his 15 year old girlfriend. Then the police went after him for child-pornography (his own penis), and demanded he either give them a picture of his erect penis or they'd inject him with something to force an erection and take it themselves[1]:
> Virginia police have obtained a search warrant to photograph the erect penis of a 17-year-old facing felony child-pornography charges for sexting an explicit video to his 15-year-old girlfriend, the boy's lawyer says.
> If he doesn't cooperate, the Manassas City Police Department has threatened to take him to a hospital and medically induce an erection with an injection, attorney Jessica Harbeson Foster toldThe Washington Post.
> Police already photographed the teen's genitals against his will when he was arrested in late January, she said.
Oh, and one of the main officers involved later killed himself after he was outed as a pedophile[2].
The authorities _eventually_ backed off after the media picked it up and there was general outrage. But it's insane that that's what needed to get people in these systems to stop clearly inappropriate behavior. The fact that the whole system is happy to go along with injustices unless there's a massive public outcry shows how broken things have become.
[1] https://www.usatoday.com/story/news/nation/2014/07/09/virgin... [2] https://arstechnica.com/tech-policy/2015/12/cop-who-wanted-t...
It's that. I've lived in the USA my whole life in a big city and don't ever think about this stuff except when I'm online. There have been shooting instances in my city, but they're rare enough that I've never been around for them, so again I only think about them when online. The only time I physically feared (a little bit) for my safety was the height of the BLM protests when folks started smashing storefronts in my neighborhood. But that can happen in any country, obviously, and is not especially worse in the USA as far as I know.
I have represented several hundreds of people in situations like this. This lady's story wouldn't be in my top quartile of stunning injustice. I have frequently called news outlets to tell them about outrageous cases, and stories like this just don't make news. It's not news that there's a child endangerment law in Texas, it's not news that the police make bullshit arrests, and there's not much else here.
The fact that there are no other mentions of this lady and her case on the internet is basically the hobgoblin of my professional life.
Based on the public info, the locations and stuff check out. In my experience, fakes are usually almost totally fake or unverifiable. I don't think this is fabricated.
https://www.popehat.com/2013/02/05/crime-whale-sushi-sentenc...
1) It's about federal sentencing, which is not the same as state sentencing.
2) Sentencing is complicated and often done wrong by practitioners. For example, in a situation where harm is greatly divorced from conduct (imagine the kid in this article died on the way home) mom could get 20 years for sure in some states/municipalities.
3) Most practitioners know that the maximum is way higher than the likely sentence, but judges and prosecutors (and sometimes certain wayward members of my tribe) insist on browbeating accused people with the possible maximum in order to procure a quick guilty plea. So I'll (always) accept some blame on e.g. the media for not communicating with reasonable clarity, but this situation where people focus on 20 years is actually the intended state of affairs brought about by prosecutors and judges.
Chief of Police doesn't seem to be an elected office, but Chief Sheryl Victorian is still accountable to the public, and she should also be called upon to explain the policies of her department and the actions of her officers.
https://www.co.mclennan.tx.us/directory.aspx?eid=185
https://www.waco-texas.com/Departments/Police-Department/Chi...
Does making an 8 year old walk half a mile qualify? In a quiet neighborhood, no. In downtown Waco where the cop's supposed sex traffickers operate, probably still no, but it's getting into more of a grey area. On a highway with no sidewalk or shoulder, yes.
It all kind of sloshes around in people’s heads around there.
Threatening people with charges if they don't take plea deals is an easy way for them to win. That's what led to a news item last year of some immigrant truck driver getting over 100 years in prison (plus mandatory minimums) because he didn't take a plea deal after his breaks failed and he hit a car and killed some people accidentally.
[1] https://www.fox29.com/news/truck-driver-rogel-aguilera-meder...
It may be how they view their role, and it may be how their incentives line up.
But it's not actually their job. I bet you know this, I'm just clarifying.
When the San Francisco DA's office was run by Chesa Boudin, I spoke with an attorney there. That attorney told me that the role of the DA's office was to 'deliver justice', and he was explicit about that meaning they wouldn't pursue all cases they thought they could win, and wouldn't seek maximum sentences they thought they could achieve.
Prior to working for the DA's office, he was a public defender, so perhaps this attitude isn't universal...
We paid, and pay, the wages of everyone involved in locking that woman up - the police, the prosecutors, the jail staff.
It shouldn't take forming a political action group to fix things like this. That DA is unfit for purpose, his interest be damned.
Nobody gets their day in court, it's just not worth it. I'd like to think a jury wouldn't convict but would you be willing to take that chance?
Another data point, I have seen more kids playing around in the streets in a working class neighborhood and the richer neighborhoods are empty. These kind of issues seem to come from the more entitled, upper middle-class people who have been primed to be paranoid through crime reporting.
HB567, a larger child welfare reform bill, and clarifies that parents are allowed to let their kids engage in independent activities as long as they aren't putting them in serious, likely danger. [...] Unfortunately, HB567 amended only family law, not criminal law. This meant the cops were still free to punish Wallace.
The solution is to create a law like HB567, but that amends Texas’s criminal law so frivolous arrests like this one can not happen.
Another thing would be for more states to have well defined laws which give children a minimum age when they can be left unsupervised.
Related: https://reason.com/2017/03/30/mom-arrested-for-leaving-kid-a... — https://reason.com/2021/10/11/cop-family-lawsuit-midland-qua...
Nonetheless, I'm struggling to see how the case got as far as it did with her taking a plea deal. In particular, I'd expect that if this went to court and got more press, the DA or whomever is pushing this would drop everything immediately. Or even before any of that happened, somebody just sort of said 'oh, huh, kids probablyh should be able to walk in a neighborhood on their own, and the police shouldn't arrest a parent for permitting it'
Only in america..
Downvoted ? Really? People agree that it seems reasonable to put parents in jail for letting their kids walk outside ? I walked to and from school when I was 6 years old, no problem... If society has degenerated to the point where it's not safe for a kid to walk on the street, then we don't need to make it illegal for kids to walk on the streets, we need to make the streets safe.
This is creepy having to write this. It reminds me of the prisoner of war camp in north korea where prisoners of war were told to write essays criticizing their own position.
"Under Texas law child endangerment is "any act that exposes a child under the age of 15 to imminent risk of death, bodily harm or physical or mental impairment." The act may be intentional or reckless or may be considered criminally negligent behavior carried out by an act of omission.
For example, a person may be guilty of endangering a child if the child was not wearing a seat belt at the time of an automobile accident. Other acts that may be considered child endangerment include (1) leaving a child unattended in a motor vehicle, (2) driving while intoxicated with a child in the automobile, (3) hiring a person with a known history of sexual offense as a child care provider, (4) serving alcohol to an underage driver, (5) leaving a young child unsupervised or in the care of another young child, (6) unreasonable corporal punishment resulting in bodily injury, (7) leaving a young child unsupervised in an unsafe area, (8) leaving handguns within the reach of children, and (8) and failure to report suspected child abuse."
And you've got to remember that neither the arresting officer's actions nor the DA's actions were objectively reasonable, so why make any assumptions about whether the jury's actions would be objectively reasonable?
The oldest one takes the U-Bahn (Underground) to school and the bus to attend her hobbies. Often we send one of them to the nearby supermarket to buy last minute stuff.
I like to think that I'm helping them to be independent and aware of their city.
Most of my daughters' friends do the same.
There is a legitimate issue but the situation overall is much more nuanced.
Today I spend time in Poland. It is normal for elementary children to walk to school or play in parks unsupervised in major cities.
Even Texas seems to have lost it. What a sad and sorry state of things.
I went to school at 7 and everyone including me walked the way (around kilometer) every day forth and back. Around this age I regularly took bus to visit my grandparents who lived on the other side of the city. I remember that I slept in the bus once and went off in an unknown area and spent next 3 hours walking around until I recognized the area and found a way back.
When I was 12, I hopped on train and went to another country to visit my father. I spent a week in the train. Of course my mom asked some guy who happened to be in my cabin to watch over me. He was drunk almost all the time with some random girl who stole his money in the end lol.
Not a big deal. People are too protective about their children nowadays. Children are pretty capable when they're not watched over all the time.
The only independent verification I can find on this story is a GoFundMe launched by a relative: https://www.gofundme.com/f/restore-money-lost-after-wrongful...
Reason exists to flog stories about our terrible government overlords, and they've been caught pushing bad info in the past. This doesn't even report info that is publicly available in the arrest report and court plea!
I'd strongly recommend waiting for a general news organization like the local TV station to report this first before forming too many opinions.
There don't seem to be any other corroborating reports to be found. Make of that what you will.
While the US seems totally out of place with those laws, it seems UK is not far away. My brother's kids are 10 & 13 y.o. and it's real problem every time they have school vacation (several times per year), they must stay home all day because guess what, parents don't have unlimited vacation, and they're scared to let kids go out to play alone, not for something happening to them, but for someone noticing and reporting it. It's nuts.
I know about the Nordic countries, but they still don't hold a candle to even how free kids were all over the world up through the 1970s.
Maybe some kind of cultural enclave? Maybe a tiny island nation? A commune? A cult? Anything?
From what I can gather, Europeans doesn't have this issue either.. This kind of insanity is only an American problem AFAIK.
I'm American, and grew up there several decades ago. I also walked/biked that distance to school as a kid.
Things in America are completely different from those times. That's one of the big reasons I left.
One of the first things that popped into my mind is the likelihood of psychological trauma of that child who, effectively, sent mom home and destroyed her career and family finances due to his behavior (which led to the "go have a walk" decision).
I also have to wonder if the parents relationship with their kids --particularly the mother's-- was permanently damaged by this incident. It's like your kids became radioactive and anything you do can land you in jail for 20 years if you are not careful. This has to be horrible.
Frankly, I would probably give serious thought to leaving the country and starting over somewhere else. Living an entire life with such a dark cloud over your entire family cannot be easy.
I understand protecting children. However, I also understand common sense. What she did was not wrong at all. What everyone else did was horrifically wrong beyond any possible justification. They need to get justice. I hope they do. I also hope her record is cleared.
BTW, this isn't the first time this kind of thing has happened. I remember other cases from many years ago:
https://www.google.com/search?q=parents+arrested+for+kids+wa...
We need to name and shame this awful person who couldn't be bothered to walk the kid the half mile to his parents' house and have a human conversation. They need to be held accountable for the impact of their actions. Otherwise more people will do this.
>She obtained a lawyer, who told her that if she admitted guilt, she could participate in a pretrial diversion program that would close the case.
Fuck this.
Why have we decided that the legal protections granted to us are only sometimes good? Why have we built in this loophole where if an accuser says the magic word "child" to the authorities they can remove our rights? When a kid is involved simply asking for a lawyer to help you understand your rights can be seen as trying to restrict access to the kid and can result in them being taken by CPS.
The problem is that Texas's criminal law was not updated, and the cops/prosecutors made the parent pick between a crime that had a 2-year minimum prison term OR taking a plea for 64 hours of community service (and other things, like writing an apology letter, etc).
This wasn't a CPS problem. It was a cop abusing their authority and a prosecutor who didn't drop the charges. Plus a hugely abusive plea system in US criminal cases (which is a whole huge discussion in its own right).
And neither should ordinary people, generally.
> Heather Wallace's oldest son, eight-year-old Aiden, was driving his two brothers crazy in the car as they all returned from karate one afternoon in October 2021. Wallace asked Aiden to walk the rest of the way home—half a mile in quiet, suburban Waco, Texas—so that he could calm down.
It’s not like the kid was happily strolling a mile home from school or the park. The article is downplaying the situation.
Sounds like she kicked her kid out of the car, and I have doubts that went down peacefully. She was probably angry and her kid was probably crying and panicking. From the neighbors’ point of view it probably looked very cruel, and perhaps even dangerous depending where he was left. (Many suburbs are polluted by “stroads” which have no sidewalks and lots of traffic.)
Granted, a felony seems extreme, even if the Mom was raging at the kid. But I’d want to hear the neighbor’s testimony before offering my sympathy.
As someone with elementary school children, I'm much more worried about police/CPS overreach than kidnappers. All I can say, is TG I don't (and never will) live in Texas.
I see a lot of discussion about who is at fault. Everyone sucks here, but my first question is who is this judge that did not throw this out in 2 seconds?? Cops, DAs, neighbors' bad behavior is one thing. Like what.
My kids were allowed to walk, scooter, and tricycle around our block from the time they were five years old. They were allowed to walk into town, as long as they were with at least one friend, from the time they were eight.
From sixteen up, as long as they were with a group of at least three, they could take the train into NYC.
When my son was sixteen, we put him on a bus with one friend (also sixteen), for a five hour bus ride to Boston so he could go visit his sister at college, and so his friend could visit her sister at college.
And this mom got arrested because he kid walked a half mile on sidewalks to get home?
In our town, there are no busses for the middle school, the kids walk, some of them over a half mile, every school day.
The most accurate model is that this cop is terrified of the kidnapping gangs himself. Which is why he is unable to enforce anything against them.
Consequently he enforces where he can.
The only thing is the gofundme page linked in the article.
https://www.gofundme.com/f/restore-money-lost-after-wrongful...
An that plea links back to the Reason article.
There's a big overlap between the plea on that page and the Reason article.
It's possible there's more going on here than meets the eye.
Are there really that many kidnappings in the US? (Let’s say, compared to some other relevant risk such as being run over by a car).
Here's John Taylor Gatto telling the story: https://www.youtube.com/watch?v=96tEE8XoC0c
But I want to point out that the reason you're all rubbernecking is that it's unusual. Mostly, this just doesn't happen. Mostly people are reasonable.
That doesn't mean we shouldn't help the lady with her gofundme and try to punish the other adults involved, though :-)
For all of our nation’s ills, a child walking on his own block outside is a crime that warrants this extraordinary attention? I can’t believe the family didn’t sue the county.
Right now, my neighborhood is a mile and a half from an elementary school. I see the kids that age walking to school.
There is ZERO reason for this to have happened.
I would sue the FUCK out of everyone who had a hand in this.
My dad was also born in Waco and spent his latchkey days roaming the neighborhood and nearby pastures, complete with BB gun and pocket knife.
Amazing how society can evolve in a few generations.
Now, I am fearless.
We don’t need to be scaring our kids into cowardly submission if they are trained in common sense and defensive protection.
What I don't get is how this could be systemic, or, that other reasonable minds within the system would have such awful judgment.
She should be writing Governor Abbott about a pardon. He was just up for re-election last week and might have jumped all over this for the publicity.
After two weeks, child services closed Wallace's case, finding the complaint was unfounded.
Keep in mind that Reason.com is essentially an anti-government institution, for which such stories, often presented with an extreme slant or selective take on facts, are catnip. HN's own archives will show many instances of similar articles:
<https://news.ycombinator.com/from?site=reason.com>
I've no doubt that government overreach and overreaction is a Real Thing. But please, Reason is an entirely unreasonable exponent of such views.
Let's find better sources, please.
There's a bit more than "After two weeks, child services closed Wallace's case, finding the complaint was unfounded." if you actually read the article to the end.
That said I agree with you that Reason is a bit biased.
Also, for all of your hand wringing over the source, you failed to realize that this is original piece by Lenore Skenazy, probably the most well known advocate for the free range kids movement, and she has not only contributed to Reason, but also the NY Times, WaPo, the WSJ, NPR, and PBS, among others.
Blindly criticizing a source without either reading the damn article or caring about whether the piece was from an original source is incredibly intellectually lazy.
I recommend Free Range Kids to parents.
And to observe how the French raise theirs.
The real mistake was pleading guilty. She should have gotten better representation...
If you're being investigated, always communicate through an attorney.
Government workers operate with the apathy of any person at a regular job. They almost never think they're making the wrong judgements, and they can and will lie to you and misrepresent you in court.
Adults today seem to increasingly act like kids are unable to do practically anything independently, and worse, they act like they can't be trusted to anything of any importance or with any level of risk. And I'd argue that attuite is having an effect on our children because they also seem to be less independent and less capable than I remember me or my friends being when I was a kid.
I suppose a good example of what I'm talking about was couple of years ago I was at the park with my family and one of the children we were with dropped a ball in the lake. As you can imagine he was upset so instinctively ran over to us crying about losing his ball. My girlfriend's response was to ask me to get his ball back, but in my opinion this is exactly the kind of situation kids should be encouraged to solve on their own. And more importantly that adults should give kids room to solve with supervision.
Before I continue, it's probably worth noting that this lake was very shallow and the only real risk here was him falling in and getting a bit muddy, and in any case we were about 10 meters away so nothing bad was going to happen. Given this I said to him I wouldn't get his ball, but that instead I'd come over with him and help him find a way to get the ball back himself. So we went over to the ball and I asked him to come up with a plan to get the ball back himself and within a few seconds he found long stick and fished his ball out.
In my opinion the only reason he didn't get a stick and fish it out to begin with was because like most kids his age he's been encouraged to see himself as helpless and incapable of solving his own problems. This wasn't a capability or safety thing, it was purely an issue of mindset.
I've told this story a few times before and it's interesting to me that a lot of people (including my girlfriend) think that what I did was irresponsible and have told me to stop encouraging stuff like this because I'm going to get the kids hurt. And I think that's part of the problem. As a society we tell ourselves (and each other) that we're bad parents if we put our kids in any danger whatsoever. But I think this comes at the cost of our children being less independent and less resilient.
If I recall correctly Richard Branson has an interesting chapter about this in his book, Losing My Virginity. In his case I think he talks about how his mum would kick him out of the car as a kid and make him find his own way home to teach him how to be independent and self-reliant. I'm not sure I agree with what she did personally, but it's interesting that Branson seems to attribute a lot of his success to his mum and how she raised him.
Not sure how I feel about putting kids through it, though. I feel like much worse could have happened. I think he might have needed stitches anyway. What if he needed surgery?
I think they had a terrible lawyer. I also don't understand how a reasonable legislator could add "drug use in the presence of a child is an offense".
Also there is an affirmable defense since they were on the way home from Karate if the walking could be affirmed to be part of that practice. "He was cooling down from karate practice".
> It is a defense to prosecution under Subsection (c) that the act or omission enables the child to practice for or participate in an organized athletic event
Full Text: -----
Sec. 22.041. ABANDONING OR ENDANGERING CHILD. (a) In this section, "abandon" means to leave a child in any place without providing reasonable and necessary care for the child, under circumstances under which no reasonable, similarly situated adult would leave a child of that age and ability.
(b) A person commits an offense if, having custody, care, or control of a child younger than 15 years, he intentionally abandons the child in any place under circumstances that expose the child to an unreasonable risk of harm.
(c) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child younger than 15 years in imminent danger of death, bodily injury, or physical or mental impairment.
(c-1) For purposes of Subsection (c), it is presumed that a person engaged in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment if:
(1) the person manufactured, possessed, or in any way introduced into the body of any person the controlled substance methamphetamine in the presence of the child;
(2) the person's conduct related to the proximity or accessibility of the controlled substance methamphetamine to the child and an analysis of a specimen of the child's blood, urine, or other bodily substance indicates the presence of methamphetamine in the child's body; or
(3) the person injected, ingested, inhaled, or otherwise introduced a controlled substance listed in Penalty Group 1, Section 481.102, Health and Safety Code, or Penalty Group 1-B, Section 481.1022, Health and Safety Code, into the human body when the person was not in lawful possession of the substance as defined by Section 481.002(24) of that code.
(d) Except as provided by Subsection (e), an offense under Subsection (b) is:
(1) a state jail felony if the actor abandoned the child with intent to return for the child; or
(2) a felony of the third degree if the actor abandoned the child without intent to return for the child.
(e) An offense under Subsection (b) is a felony of the second degree if the actor abandons the child under circumstances that a reasonable person would believe would place the child in imminent danger of death, bodily injury, or physical or mental impairment.
(f) An offense under Subsection (c) is a state jail felony.
(g) It is a defense to prosecution under Subsection (c) that the act or omission enables the child to practice for or participate in an organized athletic event and that appropriate safety equipment and procedures are employed in the event.
(h) It is an exception to the application of this section that the actor voluntarily delivered the child to a designated emergency infant care provider under Section
What? If this draconian policy is happening in Texas, the land of the free, can I assume it's even worse in the rest of North America? I hope Texans are up-in-arms about this government overreach.
This kind of incident is NOT NORMAL. I have lived in various neighborhoods in Austin and a midsize city in Michigan, and kids walking or riding their bike around the neighborhood are common. The same is true of relatives' neighborhoods in Wisconsin, Arizona, and California.
In dark blue WA for example this isn't really a problem nor are there any laws on the books prohibiting it.
That state has a lot of distortions and issues. The only "freedom" that exists is around ensuring the NRA keeps making huge profits.
Meh, you're quoting their own press release at that point. It's like someone telling you they are a genius. If it isn't obvious, such that someone feels a need to tell me, then I'm pretty skeptical about the truth of it.