6-Year-Olds Under Arrest
By BOB HERBERT
Published: April 9, 2007
Avon Park, Fla.
When 6-year-old Desre'e Watson threw a tantrum in her kindergarten class a
couple of weeks ago she could not have known that the full force of the law
would be brought down on her and that she would be carted off by the police
as a felon.
But that's what happened in this small, backward city in central Florida.
According to the authorities, there were no other options.
"The student became violent," said Frank Mercurio, the no-nonsense chief of
the Avon Park police. "She was yelling, screaming - just being
"But she was 6," I said.
The chief's reply came faster than a speeding bullet: "Do you think this is
the first 6-year-old we've arrested?"
The child's tantrum occurred on the morning of March 28 at the Avon
Elementary School. According to the police report, "Watson was upset and
crying and wailing and would not leave the classroom to let them study,
causing a disruption of the normal class activities."
After a few minutes, Desre'e was, in fact, taken to another room. She was
"isolated," the chief said. But she would not calm down. She flailed away at
the teachers who tried to control her. She pulled one woman's hair. She was
I asked the chief if anyone had been hurt. "Yes," he said. At least one
woman reported "some redness."
After 20 minutes of this "uncontrollable" behavior, the police were called
in. At the sight of the two officers, Chief Mercurio said, Desre'e "tried to
She went under a table. One of the police officers went after her. Each time
the officer tried to grab her to drag her out, Desre'e would pull her legs
away, the chief said.
Ultimately the child was no match for Avon Park's finest. The cops pulled
her from under the table and handcuffed her. The officers were not fooling
around. In the eyes of the cops the 6-year-old was a criminal, and in Avon
Park she would be treated like any other felon.
There was a problem, though. The handcuffs were not manufactured with
kindergarten kids in mind. The chief explained: "You can't handcuff them on
their wrists because their wrists are too small, so you have to handcuff
them up by their biceps."
As I sat listening to Chief Mercurio in a spotless, air-conditioned
conference room at the Avon Park police headquarters, I had the feeling that
I had somehow stumbled into the middle of a skit on "Saturday Night Live."
The chief seemed like the most reasonable of men, but what was coming out of
his mouth was madness.
He handed me a copy of the police report: black female. Six years old. Thin
build. Dark complexion.
Desre'e was put in the back of a patrol car and driven to the police
station. "Then," said Chief Mercurio, "she was transported to central
booking, which is the county jail."
The child was fingerprinted and a mug shot was taken. "Those are the normal
procedures for anyone who is arrested," the chief said.
Desre'e was charged with battery on a school official, which is a felony,
and two misdemeanors: disruption of a school function and resisting a law
enforcement officer. After a brief stay at the county jail, she was released
to the custody of her mother.
The arrest of this child, who should have been placed in the care of
competent, comforting professionals rather than being hauled off to jail, is
part of an outlandish trend of criminalizing very young children that has
spread to many school districts and law enforcement agencies across the
A highly disproportionate number of those youngsters, like Desre'e, are
black. In Baltimore last month, the police arrested, handcuffed and hauled
away a 7-year-old black boy for allegedly riding a dirt bike on the
sidewalk. The youngster was released and the mayor, Sheila Dixon, apologized
for the incident, saying the arrest was inappropriate.
Last spring a number of civil rights organizations collaborated on a study
of disciplinary practices in Florida schools and concluded that many of
them, "like many districts in other states, have turned away from
traditional education-based disciplinary methods - such as counseling,
after-school detention, or extra homework assignments - and are looking to
the legal system to handle even the most minor transgressions."
Once you adopt the mindset that ordinary childhood misbehavior is criminal
behavior, it's easy to start seeing young children as somehow monstrous.
"Believe me when I tell you," said Chief Mercurio, "a 6-year-old can inflict
injury to you just as much as any other person."