A Ten Year Old Pointed A Nerf Gun At Someone, And They Arrested Him On Felony Charges….
How many times have kids been told that they need to get off their phones and go outside to play? Well, when a 10-year-old Colorado boy did just that, he ended up getting arrested. While Nerf guns continue to be a popular toy of choice among young kids, one such child was arrested and charged with a class 5 felony on July 24, 2019, along with his friend of the same age for playing with said toys.
Gavin Carpenter and a friend were killing time as they waited to go to a sleepover when they decided to use broken Nerf guns to play outside as their favorite Fortnite characters. According to Stefanie Carpenter, her son Gavin and his friend were using a Nerf crossbow and a toy firearm while playing outside.
The parent claimed that both plaything weapons were covered in a bright orange design and that they were broken because they couldn't fire Nerf projectiles. But before "firing" at a truck, the lads pretended to shoot at five to ten passing cars on the sidewalk. However, things just then started to change at that point as the driver stomped on the brakes, making the tires screech.
The boys allegedly fled into the friend's grandparents' home when the man allegedly slammed the car into reverse and started screaming at them. A doorbell camera video shows the man approaching and shouting at an adult who answers the door.
“The toy bow was an orange Nerf bow. It didn’t work. Nothing could shoot out of it. Nothing would come out of it. The weapon, well, toy, I had had an orange tip. It was also broken and couldn’t shoot anything out of it,” Gavin said, admitting to Fox 21 News that he was “very scared” of the man’s behavior.
However, the driver of the truck was angry. In the doorbell camera footage, the unidentified man could be heard shouting. He was told to "watch his mouth" by a voice coming from within the house, but he kept screaming, saying, “How about this? How about I call the [expletive] cops? ” and, that’s what he did, the reports said.
Gavin's mother said that the ordeal left Gavin in tears. “I told them I had no intention to have scared them or have any threat to their life,” the boy said. As when the El Paso County Sheriff's Office deputies arrived at the house, they left the family shocked by taking Gavin and his friend into custody. The boys were restrained by officers, who then took them to the Colorado Springs police department's main office for mug pictures and fingerprinting.
The Carpenters claimed that the menacing accusation, which is a class five felony, was being aggressively pursued by the 4th Judicial District Attorney's office. They hired legal counsel and ultimately decided on a treatment program that allowed Gavin to avoid conviction. After following the police to the station, Stefanie and her husband Chris' son were eventually released at about 10:30 that night.
Under the program, Gavin was required to perform community service and submit an essay along with his grades for court review. More than seven months later, his felony record was finally expunged, giving his family a reason to celebrate. His record was cleared, and Gavin had learned a valuable lesson.
“It was just a hard no, that the district attorney wasn’t going to throw this out that is when we moved into the diversion program,” Christopher Carpenter recalled.
"He definitely admits that he pointed that weapon at cars, multiple cars, not just the one that stopped, and he understands that’s wrong,” Chris said.
But should this have happened? There are instances where the response is "yes," as a general statement from the El Paso County Sheriff’s Office said.
“There are times when it would be appropriate to charge menacing when a toy gun is involved. If someone knowingly places someone in fear of serious bodily injury or death, menacing would be appropriate,” the sheriff's office noted, according to the statement.
Stefanie stated that her family was eagerly anticipating relocation when her husband was sent to a new station. She declared, “I can’t live in a state where my kids can’t be kids and play outside without being scared of being arrested.”
The incident has soured the Carpenters on living in Colorado despite once thinking it would be the state where they ultimately settle down. Now, though, they can’t wait to leave, but they have to wait a few more months until Carpenter's father, who is a lieutenant colonel in the Army, is sent to another post.
“I can’t live in a state where my kids can’t be kids and play outside without being scared of being arrested,” Stefanie Carpenter said.
Watch the video below for more details: