How many parents do we have here?

[DirtyBlackSocks]

Do you have a lawyer?
Something on a letterhead from him/her advising the principle that her reaction/action concerning this matter is being closely watched just might scare her into effective action or something. Slightest thing happens to your kid, her best hope should be that you'll only be going after her job.
Keep a log of every action you've taken and when.

Listen to the Kalifornia cops here.

No lawyer Ranger K.Ingraham. Unfortunately.

However, I do have an aunt who is high up on the school board in a neighboring school district. I'm going to get her to rattle some cages on top of my own shit come Monday.

[DrD]

I don't have legal background, but...

Seems to me from your first statement that there has indeed been a threat made (the phone call) and per Ranger Zonk 1/75:

California Penal Code 422

Section 422 of the California Penal Code makes it illegal to make criminal threats (formerly called " terrorist threats"). A criminal threat under California law is a threat of immediate harm made to another person when the defendant intends to, and does, cause fear in the person threatened.

What I believe you are missing is the specific identity of the caller (since your phone was off and no caller ID). With that identity, could you go a legal route on the threat?

If so, I know that cell phone companies keep substantial and very specific logging of (ahem) just about everything. And they hand over info when given appropriate law enforcement documentation so that lawyers can prosecute cases.

Also, if you want to run your own "observation" (so that you can step in should he need it), there are programs you can purchase and install on your son's cell phone so that you can intercept every call, text, etc. AND (more importantly in this situation, I think) remote "on" the phone so you can listen and get visuals without your son activating the phone in any way.

Good luck.

[PAGrunt]

I'm sorry to hear about your son's current situation, now I'm not law enforcement or even a parent but I just wanted to throw a quick two cents in. Alot of people will get anxiety attacks over situations like this, besides what he's going through at home he's probably getting even more stress at school. The best thing to do would be to take him out to his favorite place to eat and reward him for his bravery. Try not to mention the situation at all this weekend. Even though the kids with the pot was expelled he most likely has friends that may not be happy with what happened to thier friend. Your son may even not want to tell you about future problems due to everything that is happening now. Alot of people think doing the right thing should be expected but sometimes it's the hardest choice you have to make, just make sure you're comforting him and telling him he did the right thing. Afterall he's 10, all the questioning and police are probably frightening to him.

[DirtyBlackSocks]

Thanks for the replies.

His teacher sent us an e-mail this morning concerning the tic's and what's been going on at school.

The principle has been handling it a little more seriously than I had originally thought - and held all faculty after hours on Friday to discuss our son's safety and to be vigilant.

What worries me more, is that his teacher expressed concern over the tic she see's in him. She used to teach disabled students and states that she has never seen a child get an onset of tics this quickly, nor has she ever seen some one with tics roll their eyes as far back into their head as our son did.

My aunt is an NP and has advised that this sounds more like mild seizures after some sort of brain trauma, and not psychological related - so that's a whole new can of worms. Unfortunately we live on a very low allowance as I'm in school under Chapter 31 and the monthly funds are the main source of this family's income.

He does have MediCal - and I was up all night going through the book of listed pediatricians with cross reference on Google. It took me about 5 hours to find the best doctor in our area based on reviews - and we're going to take him there, where I'm going to demand a referral for a CT scan.

To the LEO's on the site, I realize that filing reports in a timely matter is one of the most important things a person who has been threatened can do. As long as we are vigilant of our child over the weekend, is it acceptable to put filing the report off until later on in the week after we get his medical diagnosis figured out?

Does my son really need to be the one who gives the verbal report for it to become an official investigation as of right now, or can we file the report and explain what's going on with him medically, then have him give a verbal later on? The officers I talk to in the dept. say he has to be the one to give the verbal report.

As far as phone records go, the phone company is going to send a record of calls made to his number to us on that particular date over this week. I also told the principle to make sure she takes the phone from the student we know made the calls and check it's call history - but I can't get in touch with her until Monday to find out if he was dumb enough not to delete them after making the phone call.

I'm really fucking lost here guys. I realize that as his parent it's ultimately my decisions that protect him - but I ask on this particular site because I hold a high regard for the members of this site.

[DirtyBlackSocks]

Ranger Zonk.

Just had a Sheriff here, my son is over at his grandparents for the weekend and will be back Monday - to try and get him some relief from all the stress.

I wrote down a time line history of what had happened. Showed it to the Sheriff.

Sheriff said, "Here's the deal, we don't just document for reporting purposes. If you think this kid is serious about acting on his threats then it will be reported as a crime, and you and your family need to know that it will be prosecuted."

Myself, "I get it, otherwise people would be wasting your time all day."

Sheriff "Well you remember how it is being a 10 year old, empty threats and all of that."

Myself "Ok this kids older brother is a gang member, and he is consistently talking about wanting to be in a gang as well."

Sheriff "Well to move anything along, I need to be able to download the voice mail messages and take a statement from your son." Radio goes off. "I just got a call on a robbery in progress, I need to go - I'll try and return tonight."

His attitude was pretty close to along the lines of this is a bullshit threat and the kid is only 10 years old.

Obviously I can't do shit until my son is back home and we can provide cell phone records - but in the mean time, is this guy blowing smoke up my ass? He didn't seem to be taking it seriously.

Thoughts? I'm going to get a full investigation done either way, but I'm wondering if I should talk to some of the guys who live in the neighborhood and get a different officer out here to talk to my son.

[snafu]

There is no price on the safety of your family. You protect them at all costs regardless if you feel you are getting blown off. You've involved the authorities. They know the situation. Now you protect your family and do what you have to do. I personally will crush any punk ass kid who threatens my family....his relatives included.

[DrD]

What I believe you are missing is the specific identity of the caller (since your phone was off and no caller ID). With that identity, could you go a legal route on the threat?

You do NOT need a named suspect to file a report. That is for the cops to figure out.

Sorry... I was thinking along a different tangent. Yes, Ranger Zonk 1/75... I know it is for the cops to figure out. But don't the *lawyers* need that info to prosecute (and the LEOs get it through whatever paperwork they do)? That is more what I was muddling with - what one might need to prosecute the case.

The reason to file a report is to have ANY threat documented on record should our poster end up using force or defend himself or family in the future.

This sort of makes me think a bit as it applies to my own life. Are you saying that any threats should be documented just in case one has to defend themselves? Wouldn't self defense always be self defense?

[DirtyBlackSocks]

This sort of makes me think a bit as it applies to my own life. Are you saying that any threats should be documented just in case one has to defend themselves? Wouldn't self defense always be self defense?

From what I was told last night - the police aren't here to document any little instance that happens just for the sake of it being on record - and if you report any threat you need to expect to follow it through into prosecution.

I thought it was a bullshit answer - but unfortunately the conversation was cut short.

I can understand the importance of having things on file in case serious shit does hit the fan down the line, you've got a backup plan on your side. It just seems a little excessive to me to have to prosecute some one based around every threat made just so you can protect yourself - that line of thought seems like it would escalate threats to violence from whoever you're reporting, in the long run.

Hopefully Ranger Zonk can shed a little more light on this subject.

[DrD]

This sort of makes me think a bit as it applies to my own life. Are you saying that any threats should be documented just in case one has to defend themselves? Wouldn't self defense always be self defense?

The goal in this is to have some kind of documentation for covering your own ass, not necessarily successful prosecution. It displays a state of fear helping to establish an articulate reason for future action. Yes “self-defense is always self-defense” but defendable self-defense would be better no?

That makes good sense. Thank you Ranger Zonk 1/75! :D

[DirtyBlackSocks]

I can understand the importance of having things on file in case serious shit does hit the fan down the line, you've got a backup plan on your side. It just seems a little excessive to me to have to prosecute some one based around every threat made just so you can protect yourself - that line of thought seems like it would escalate threats to violence from whoever you're reporting, in the long run.

You yourself put your son in this situation from the start with how you initially handled it, without considering the potential outcome for your kid. Tough lesson on “doing what is right” buy throwing him in a lions den, unnecessarily in my opinion…….

The only thing excessive is the amount of time I have wasted giving advice when somebody only wants to hear someone mirror their own already made, and uninformed conclusions. I should have known better…..

OUT HERE.

Thank you for all the replies Ranger Zonk - and I know I come off as a bitchy prick that doesn't understand what you're saying, but I took everything you said into great consideration - it wasn't time wasted.

The post you made regarding what happened when the Sheriff actually did come over to take the report gave me all the information I need. It's going to be dealt with, and I'll quit bugging you about it.

[DirtyBlackSocks]

Final say on it.

Two cops came to take a statement from my son tonight, in person.

First thing they ask is "How old is your son" I told them he's 10, and that one of the kids who made the threat is 12, and the other is 10.

First thing out of his mouth is that they can't do anything because of the kids age.

I called bullshit and told them I wanted a report, period. I want it documented on record that my son was threatened.

Let them listen to the voice mail - cop confirmed that there was a communicable threat of "You gonna die" on the phone, then explains to me that he would have had to say something along the lines of "I'm gonna kill you."

One of the cops went off to call some one up at his department to see what they could do.

Other one asks if we have a picture of the kids who made the phone call - show them a yearbook. Cop confirms that they're both gang affiliation and he knows who they are.

Tell me and my wife that we're over reacting, and that "back in his day we fought." No shit, so did I - times change, asshole.

Basically just communicated to them that I want something on paper so that the next time this happens I'm not going to get fucked as some nutjob for "over reacting".

Pretty much said they understood, but that there's nothing that can be done. In their opinion we should go take it up with the Principle of the school.

No written statement was taken, they asked my son what happened - he explained the time line in his own words, and that was it.

Didn't even have their paperwork with them - so they hand me a piece of notebook paper with the date, station's number and address, both of their names, and the incident number on it.

Guess I'm up shit creek without a paddle here - but at least it's documented.

Time to move on, and look into finding a new home for my family.