Ear Hustle

9-Year Old Charged With 2nd Degree Felony Assault For Throwing A Rock

Police arrested a third grade student at a Nebraska elementary school Wednesday.
David Tate Jr., a 9-year-old student at Druid Elementary, was booked for second-degree felony assault and use of a weapon to commit a felony at Douglas County Youth Center.

Photo Credit KETV (Video Screenshot)

Photo Credit KETV (Video Screenshot)

The accusations stem from an incident that happened in late April.

A neighbor called Omaha Police after a report states Tate Jr. threw a rock that struck the other child in the head. The victim sustained a skull fracture and brain bleed. He spent days in the hospital and is now recovering at home.

While Tate Jr. and his mother Tiffanie Moore are both sorry for the child’s injuries, they disagree with the felony citations.

“I’m more than happy to take the medical bills, pay the medical bills,” Moore said, “[But] this seems a little extreme, picking him up from school.”

Moore also never expected her son would be arrested at school. She said she went down DCYC, and asked to be a part of the questioning process but was denied access to her son.

“He doesn’t understand the court system, let alone his rights,” Moore said, “If he’s found guilty or any reparations, I’m the one who has to pay for them.”

David Tate Jr. wrote an apology to the injured boy, and said he’s learned a lesson.

During his arrest at school he feared the worst, saying he was “scared that I was going to go to prison.”

But police questioned him and released him to his mother. Moore said information on their first court date will come in the mail.

And they plan to fight it.

Omaha Public Schools released a statement that said in part:

“While we would prefer that incidents unrelated to school be handled off school grounds, we have an obligation to cooperate with our local law enforcement officers.”

Omaha Police also said this type of arrest was rare.

But Tate Jr. said he’s just eager to get back to school. He has a big test on Thursday.

“And we have field day on Friday,” he added.

Source: KMBC

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