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Former commonwealth's attorney explains the slippery slope of prosecuting kids

Former commonwealth's attorney explains the slippery slope of prosecuting kids
Former commonwealth's attorney explains the slippery slope of prosecuting kids
Former commonwealth's attorney explains the slippery slope of prosecuting kids
Former commonwealth's attorney explains the slippery slope of prosecuting kids
Posted at 11:29 PM, Mar 17, 2023
and last updated 2023-03-18 00:07:26-04

NORFOLK, Va.— News 3 is taking a closer look at a problem that seems to be growing in Hampton Roads—children accused of violent crimes.

There's no easy answer to this public safety issue.

News 3's Kelsey Jones spoke with Harvey Bryant, a former commonwealth's attorney. He said it can be a slippery slope trying to prosecute a minor when a weapon is involved.

Former commonwealth's attorney explains the slippery slope of prosecuting kids
Harvey Bryant

"To prosecute a child, it's going to have to be shown in court that a judge is able to see that child is emotionally and mentally mature enough to understand the difference between right and wrong," Bryant said. "They don't necessarily have to know it was against the law but that they understand the process."

This conversation stems from what appears to be an increase in kids with guns.

The most recent case was just this week when Norfolk police said a teen brought a gun to Granby High School. That teen is now being charged.

Student to be charged after bringing gun to Granby High School: Official

On Monday, News 3 reported on an 11-year-old who is now charged with shooting a 17-year-old in Norfolk. Last month, a parent was charged after a 6-year-old brought a gun to Little Creek Elementary
School.

Mom says 11-year-old shot her 17-year-old son 3 times in Norfolk

And the case receiving national attention—a 6-year-old shooting who police said shot his first-grade teacher back in January at Richneck Elementary School in Newport News.

Bryant says each case depends on specific evidence on whether the parent could be charged.

But with decades of prosecution experience, Bryant says it's disturbing to see kids easily accessing guns.

"The one thing I've noticed is different from when I was prosecuting and doing defense, that most of the violence that we encounter was things that happen at night, early in the morning, in distant places," Bryant said. "What's different here is so many of these crimes are happening in broad daylight, in the mid-morning, early afternoon. That's a huge difference in what we've seen a few years ago.".

Southside Boys and Girls Club in Norfolk is trying to keep kids from turning to violent solutions.

Former commonwealth's attorney explains the slippery slope of prosecuting kids
Melanie Rodriguez, Southside Boys and Girls Club

"I think a lot of kids kind of get trapped in the cycle of thinking that they're just a product of their environment," said Melanie Rodriguez, the club's youth development professional. "Here, we have so many talented kids."

Rodriguez wants to showcase that talent as they work hard to keep children ages 5 to 19 on the right track.

"These kids are pretty much desensitized to hearing gunshots. A lot of these kids live in communities where unfortunately gun violence is a thing," she said. "They're used to hearing that a loved one has passed away or used to hearing maybe a classmate has passed away due to gun violence."

Their goal is to take a proactive approach by reaching kids at a young age while recruiting volunteers and mentors who can help children with a variety of skills that could help them become responsible young adults.

"It encourages them, teaches them how to motivationally speak, and how to believe in themselves. We also have programs for our boys, such as law and order. We gather all the kids' interests that they might pursue when they're older," said Rodriguez.

Former commonwealth's attorney explains the slippery slope of prosecuting kids
Southside Boys and Girls Club in Norfolk

Rodriguez said that mental health is also a big priority to support children while learning more emotional regulation skills.

But on the legal side of things, Bryant and Rodriguez agree, that the conversation about kids' access to guns should continue.