This definitely rates a 10 on the old weird-meter:
MUHLENBERG COUNTY BOY ARRESTED FOR MOM'S MISTAKE
GREENVILLE, KY - Amy Mercer and her ten-year-old son thought they had settled a 2007 lawsuit in which Mercer agreed to pay another family's medical bills. But after failing to make a payment in March, she says her son suffered the consequences.
"I asked them why they would take me. I hadn't done anything," says Mercer's son, Timothy Stephens.
"I got to the Sheriff's Department and they were just pulling him out of the car like he was some kind of little criminal," Mercer says.
Monday afternoon, a Muhlenberg County Sheriff's deputy showed up at Timothy's elementary school, saying he had a warrant for Timothy's arrest.
For what? A restitution payment his mom missed in March and planned to re-pay in April.
Timmy Stephens was at school in Longest Elementary School in Muhlenberg County when he was called to the principal's office. Waiting for him was a police officer there to serve a warrant. It turns out a Muhlenberg County judge, Judge Brian Wiggins signed the warrant because Timmy's mother had not paid medical bills related to a fight Timmy had with a student.
Mercer had agreed to pay the other child's medical expenses in order to keep the case out of court.
"I had missed a payment and had one coming due and was unable to pay," said Mercer. "So that's why they arrested my son."
Mercer says what's even more upsetting is she was never given an explanation for why her son was punished and served a warrant, not her. "Nobody had answers," she said. "All they kept saying was the judge signed the order to pick him up and take him into custody."
"I had missed a payment before and it was not a problem. It has to be paid in full by December. So, I know I messed up, but why didn't they come after me, send me a paper," Mercer says.
Mercer says Sheriff's deputies called her and said if she wasn't at the courthouse that afternoon with a hundred dollars, her son was going to the juvenile detention center in Bowling Green.
"I was just so scared I wouldn't see my mom again," Timothy says.
So how could authorities do it? Was arresting ten-year-old Timothy a ploy to get Mercer to cough up the money? NEWS 25 went to get the answers from Sheriff Eddie Perry and the County Judge.
When asked about Timothy's arrest, Perry deferred comment to the Kentucky State Police, saying his men just followed KSP's orders. County Judge Brian Wiggins refused to comment on the situation.
Mercer's already begun contacting lawyers, outraged that now her son is afraid to go to school and gets nervous every time he's called to the office. "They told me if I was late again, they would go back and get him again," Mercer says. "They'd arrest him again. I'm not going to let it happen to anyone else."
Mercer has even contacted Kentucky State Representatives and says she won't let this go. NEWS 25 will keep pressing officials for answers and we'll keep you updated as we get them.
Source is WEHT TV News 25 Evansville, Indiana
So kiddies what does this teach us? Well, either, the justice system in this society is worse than we imagined, or, if you're a ten-year-old kid...make sure your mom pays her bills!!!!! The judge in the case of a 10-year-old boy arrested because his mother missed one restitution payment made this comment about the case:
MUHLENBERG CO., KY - A ten-year old boy's mother tells NEWS 25 her son was taken into police custody while at school because she failed to make a court ordered restitution payment.
Since airing the story on Timmy Stephens, I've received emails and phone calls from concerned viewers wanting to know if what the judge ordered was legal.
Timmy is ten-years-old and his case was handled in juvenile court, so the judge and police could not tell us very much.
Muhlenberg County Sheriff Eddie Perry says he had no choice but to follow the judge's order to pick Timmy up at school.
So we again called Judge Brian Wiggins. He tells me he can't talk about Timmy Stephens case directly, but if a juvenile ends up in his court for a public offense, there is usually a set of rules the child must follow. If he violates those rules, then it is legal to pick him up with the possibility of being taken to juvenile detention.
NEWS 25 obtained the document with the rules Timmy Stephens agreed to follow: that he not leave home without his mom's permission, that he follow rules at home, go to school on time, get passing grades, and not possess or use any drugs. The document says if he violates any of these things, he can be incarcerated. You can see on the paper that Timmy signed it.
On the paper his mom signed agreeing to make restitution payments, Timmy did not have to sign it, and it does not say anything about her son being picked up if she fails to pay.
We tried contacting the Kentucky Attorney General, and his spokesperson says it is up to the local judge to decide the proper actions.
NEWS 25 would like to get answers from Judge Brian Wiggins on exactly how Timmy's mom's failure to pay resulted in him being taken into police custody, but the judge says he cannot comment.
Timmy's mom has hired an attorney to find out if what the judge ordered for her son was legal.
SOURCE:WEHT TV NEWS 25, Evansville, Indiana
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