Face To Face Part Two

Cat's p o v

Jade sat next to Mrs. Davis her back stiff court was in session Judge Mackerel was seated an older man in his late 60's with graying hair wire framed gold glasses a wrinkled face along with a long black robe.

I couldn't tell yet if he looked nice or hard headed across from Mrs. Davis and Jade sat the Deputy District Attorney who's responsible for bringing the charges to court and proving that they are true. With her sat Sam I couldn't even look at her.

My blood boiled my throat felt tight my eyes stung with tears. Looking away to the front where the clerk sat by the judge and the court reporter.

In the back by both exits and entrances stood four sheriffs behind the judge stood two more.

Next to Jade on the other side was the probation officer assigned to her case I never got his name.

Court is in session the honorable Judge Mackerel is preceding

Good morning everyone counselors, minors, parents today we are hearing the detention hearing for Miss. Jade West Counselor you may proceed.

The DA stood

Thank you your honor and good morning to you as well

I'm here today with case number 24601AA

The charges against the minor are as follows

Penal code 242 an assault and battery on a minor child

Why counselor is it filed under 242?

Simple your honor because the minor came to my client's residence

With the soul purpose of knowingly and willingly causing my client pain and suffering.

She deliberately attacked my client punching and hitting her.

Was your client hurt counselor?

Yes your honor nothing lasting but she did receive bruising and swelling

However she managed to fight back and avoid major injuries

Penal code 240 Assault which lead to the penal code 242 Battery

Third charge your honor is penal code 459 burglary of a residence

No property was stolen but the minor did force her way into my clients home without permission

To be on the property.

Penal code 415 disturbing the peace

The minor caused a public display on the penal code

647 Public drunkenness causing a scene screaming threating in front of my client's neighbors

Even scaring away potential business.

Thank you counselor Miss. West how do you plead on these charges?

Jade rose sighing I could see how tense she was her back stiff arms motionless.

I plead guilty your honor I wish to apologize to the court and to Miss. Puckett

Thank you Mss. West you may sit down

Since the minor has admitted to the charges against her we may proceed to the readiness hearing

Counselor what is your recommendations for said minor?

The DA rose again Tori and Andre held my hand my breathing was getting faster as my temperature was rising why was it so stinking hot in here?

My stomach was squeezing in pain my neck was tight breathe Cat, Breathe in let it out stay calm Jade needs you.

Thank you for asking your honor it is my recommendation that after studying the caseworkers findings

That at this present time it would be an injustice to society and to the minor in question if she was released back into society.

We gasped the tears came instantly to my eyes even Trina looked shocked.

I believe this child has some deep emotional and mental issues

That need treatment Miss West is a 203 a ward of Ca state she has no guidance

We all know what will happen if she leaves here today she will end up in foster care at her age no one will want to adopt her she'll fall in with the wrong crowd and she'll end back here facing more serious charges if she even makes it back here and doesn't end up dead.

She has made no attempt at redemption or even apologized until today while were in court she's an actress your honor this court is her stage she comes in here with her I am so sorry look and expects to be forgiven.

It is my recommendation that she be detained at Eastlake Juvenile Hall until we can get her into a rehab program and get her the help she needs than meet back here to discuss future plans.

The judge thanked her I wanted to smack her smug face how dare she talk about my Jadey like she was some harden criminal she's a 16 year old girl.

Mrs. Davis rose my heart was beating so wild.

Mrs. Davis does your client have anything to say to defend herself?

Yes your honor I do

My poor sweet Jade yeah Jade sweet most people wouldn't put sweet and Jade together but to me Jade will always be my sweet baby girl.

It was stupid and foolish and I shouldn't of been drinking I shouldn't of taken my anger out on Sam or anyone else. I know I need to answer for what I did and I know I need to find away to deal with my emotions and my anger.

I was upset I was scared I dealt with it all in the wrong way but I just want you to know your honor I am not a drunk I am not a bad kid.

I just lost control.

The judge spoke directly to Jade.

That statement right there Miss. West shows me you need some major help.

Let me ask you Miss. West what is a drunk to you?

Jade looked at the judge her hands cuffed to her front.

By definition we as society tend to think drunks are as they appear on TV or in the movies when in fact most alcoholics are normal American citizens.

Are you aware Miss, West that there are over 10 million youths ages 10-20 in the US alone that have consumed Alcohol in the last 30 days.

Are you also aware that 90% of it is binge drinking?

Are that more underage drinkers out number the adult drinkers.

Let me also ask you Miss. West and remember your under oath

Do you have any problems in school?

No your honor I make honor roll I attend regularly

Do you have problems with other kids?

No as long as they stay out of my way

What does that mean?

It means what I said it means people know to stay out of my way or they know I will make their lives miserable.

So you intimidate them they in essence are scared of you

No..I..

Thank you Miss. West your witness counselor

The judge turned to the DA who rose again speaking to Jade.

How many times have you been on parole with this juvenile system?

Twice

When were these times and what for Miss. West?

When I was 13 shortly after moving here I was caught with Alcohol I was arrested for underage drinking and when I was 14 for underage drinking and domestic disturbance.

To make it clear what were the charges?

Domestic violence I punched my mother and knocked her out and I went after her boyfriend

So it's safe to say you have had run ins with the law before many having to do with drinking and violence.

It's true that the police have been called to your home over 20 times this year

The judge nodded

Not because of me

That is not what I asked Miss. West do you have hearing issues?

No

Than answer the question were the police called to your house at least 20 times this year?

Yes

Thank you Miss. West the State rests

You may step down now Miss. West

But she's making me out to be a drunk like I am some violent criminal I am not!

Miss. West shut your mouth and return to your seat this minute or I will detain you and end this now

Please Jade listen to him please stop mouthing off I prayed silently as she was lead back to her seat fuming. Mrs. Davis said something to her.

The judge addressed Jade

Miss West I'm sorry you have had such a tough break

And I do believe you have had a rotten deal your parents

Lacked the skills to be better parents to you for whatever reasons

They had they gave up custody of you and left you for the state to raise

I am sorry for you there's a part of me that breaks for all the pain you have had to bear

However that does not excuse the choices that you made

You made the choices to get drunk you made the choice to drink and drive by driving over to

Miss Pucketts place some how by the grace of god you didn't kill anyone or injure anyone

But you did make the choice to assault Miss Puckett

Counselor can you please explain to miss West what the consequences of her actions would be

If she was 18 and older?

Yes your honor

In order for you to be charged with battery, the prosecution must prove that you willfully and unlawfully touched another, without his or her consent, in a harmful or offensive manner.

Even if the act does not amount to a battery, you may still face liability for assault, which is defined as an attempt to commit battery.

For the Penal code 240
An assault is punishable by a fine not exceeding one
Thousand dollars ($1,000), or by imprisonment in the county jail not

Exceeding six months, or by both the fine and imprisonment.

For the Penal code 242

California misdemeanor probation;

Up to 6 months in county jail; Up to $1,000 in fines;

Successful completion of a Batterer's Class, or Community service.

However in this case given that Miss Puckett

Felt threatened and was forced to defend herself this could move the case to a felony

Which could be punished by 2-4 years in state prison a possible strike on your record

For underage drinking that's a 25,000 fine and a year in prison

If there was a death involved you could face up to 4 years imprisonment

The judge turned to Jade

Do you understand these charges and the punishments as they were read?

Yes your honor

Taking all this into consideration I am now want to hear from you Miss. Puckett

Sometimes hearing from the victim can give you an insight into the choices you make and how they

Affect the future choices.

Sam rose clearing her throat she tried to make eye contact with me but I was still mad all I could see was Jade handcuffed looking down.