We have new traits in a tale that has been below investigation for almost a 12 months, because the Cape Coral 5th grader, who’s now in 6th grade, accused of threatening violence at his faculty is going again to courtroom. This tale garnered nationwide and world media consideration ultimate May, when the Lee County Sheriff’s Office perp-walked the 10-year-old and posted it on Facebook, with few information about what led as much as his arrest. WINK News Investigates Reporter Céline McArthur has been main the unique protection of this example and explains what came about in courtroom and what new information the pass judgement on can have as she makes her choice.
Three hours after the boy’s arrest on May twenty eighth, 2022, the Lee County Sheriff’s Office posted his perp-walk on Facebook. The listening to for Daniel Marquez on May tenth became out to be a listening to to arrange the following courtroom date to talk about the movement to push aside. Both aspects will move during the proof accumulated in this example, in addition to a brand new prison building that would doubtlessly trade the sport. At that time, the pass judgement on can make a decision if the fees are dropped or Daniel is going to trial. The Marquez circle of relatives, dressed in fits, are again in juvenile courtroom, desperate to transparent Daniel’s report. Nearly a 12 months after his arrest, Daniel stated, “I will say that they’re wrong. Because I never did anything wrong.”
The fee in opposition to him is supplied below Florida Statute 836.10, pointing out one can’t make written or digital threats to kill, behavior a mass capturing, do physically harm, or act of terrorism. A month after Daniel’s arrest, Sheriff Carmine Marceno expressed to the media why he believed the boy used to be to blame. “Any person, any person would look and say, guns, get ready for water day. That is a threat.” In distinction, one of the crucial texts learn, “scammed a friend,” adopted by a screenshot of cash. Another learn, “I bought this,” adopted by a screenshot of weapons. A 3rd textual content learn “get ready for water day” with a humorous emoji. In an interview with LCSO deputies, which WINK News bought completely, Daniel clarifies why he despatched the texts, and Detective Tyler Mackereth answered to him, announcing, “I mean, you can hold it, but.. Wow, for a lot of money.” Daniel answered, “Yeah, it was just a joke.”
It is Alex Saiz, the legal professional for Daniel Marquez, who clarifies why this funny story isn’t a criminal offense and why it’s other from the faux or actual danger, Marceno accused Daniel of creating. “When it comes to a fake threat, the idea of a threat is that you’re trying to put the person in fear; that fear feels real. But when somebody’s sending you a message they never intend for you to take seriously, they’re never trying to put you in that fear, the law treats that very differently. Because without that intent to put you in fear, there isn’t a crime there that’s punishable.” Although the phrase intent isn’t explicitly mentioned below that law, the idea that continues to be there.
Alan Dershowitz, Harvard Professor Emeritus, and a civil rights legal professional, explains what’s referred to as mens rea in American law. Its literal translation is “guilty mind.” “Intent must be presumed as part of any statute unless the statute explicitly excludes it. Obviously, it is very relevant in this case.” Florida’s Fourth District Court of Appeal concurs. In February, it overturned a conviction in opposition to a kid accused of sending threatening messages to a classmate thru Instagram. The trial courtroom concluded, “the intent of the youth was irrelevant.” The appellate courtroom dominated that this used to be fallacious.
Dershowitz does no longer constitute Daniel, however he reviewed the case document. He says, “I want to commend you, I want to commend your television station for making this story available to all of us, so we can see it and demand changes because this case calls out for multiple changes.” He additionally provides that essentially the most major problem in this example is one thing our prison gadget does no longer cope with—Facebook and TikTok. “The framers of the Constitution couldn’t have imagined how social media can impact a case, even the Supreme Court.”
The Lee County Sheriff’s Office hasn’t spoke back any questions on this example since June of ultimate 12 months. The Motion to Dismiss listening to is scheduled to happen in June, the day sooner than categories finish for Daniel. This tale is some distance from over, and we can be there each step of the way in which.
