The Black Informant | African American Commentary, News and Community Building

The Lamar county D.A. office has posted something that has been overlooked by most folks (especially Chicago Tribune’s journalist Howard Witt) who have been following the the Shaquanda Cotton case–THE FACTS. (Hat tip – Ken [commentor on Cobb])

Important information about the Shaquanda Cotton case

FACT: This juvenile girl assaulted a teacher, who by Texas law is a public servant, in September 2005. It was witnessed first-hand by two other teachers who testified.

FACT: Before trial, the Lamar County and District Attorney’s Office (prosecutors) offered a plea bargain reduction from felony to misdemeanor assault and 2 years juvenile probation, which the mother and defense attorney turned down.

FACT: The juvenile had a trial and was found adjudicated delinquent by a jury (we don’t refer to juveniles as “guilty” or “not guilty” in Texas – it’s “adjudicated” or “not adjudicated”) in March of 2006.

FACT: After the jury adjudicated the juvenile as delinquent, the defense asked Lamar County Judge Chuck Superville to set punishment. The defense could have had a jury set punishment, but asked for the judge to decide.

FACT: This juvenile did NOT receive 7 years in prison. She was given an indeterminate sentence to the Texas Youth Commission, which means her conduct and cooperation with their behavior rehabilitation programs determines when she gets out. Minimum time to complete those programs is 9 months. She entered TYC in March 2006 and could have been out in December 2006 if she was being cooperative. But note that she never had to go to TYC in the first place: she could have gotten probation.

FACT: Texas statute under the Family Code (governing juveniles) left 2 options for the judge: 1) release the juvenile on probation back to a family member who verbally assures the judge that cooperative efforts to meet probation conditions will be met, and 2) sentence to the Texas Youth Commission. Often, parents are part of the problem and other family members step forward to offer to take the juvenile in their care and see to it probation conditions are met. NO other family members came forward and this juvenile’s mother (Creola Cotton) told the judge she would not comply with conditions of probation. The judge’s hands were tied by the law and he had no other choice but TYC.

FACT: School officials testified during the punishment phase that this juvenile had been a continuous discipline problem and that her mother continually defended her actions, telling her she did nothing wrong, and fought against disciplinary actions against her daughter for legitimate infractions.

FACT: The defense filed an appeal, fired the defense attorney trial attorney they hired (Wesley Newell of Dallas) and alleged ineffective assistance of counsel (saying the defense attorney didn’t do his job well enough). The Court of Appeals in Texarkana ruled that the juvenile would not be released on bond pending their final appeal decision. That decision has not yet been handed down.

FACT: This juvenile would not be in TYC if her mother had agreed to cooperate with conditions of probation after the jury found her essentially guilty.

Black leaders in our community, as well as the local chapter of the NAACP, have shyed away from the case because it is an issue of irresponsible parenting. The mother and her fringe, extremist, anti-white organization (Concerned Citizens for Racial Equality) who are aligned with the New Black Panthers want to blame the system and the judge for her daughter being in TYC.

There comes a time when we all must recognize when our actions have been discovered, we have been judged guilty, and we must suffer the consequences. To remove consequences from our children for their actions does them more harm than good.

The district attorney’s office in this case wants nothing more than to see this juvenile re-enter society and never cause another problem for herself by following the rules that society puts in place through its various organizations and formats (school, public laws, etc.). It is our position that she’s spent more than enough time in TYC – in fact, never had to go there – and that if TYC feels she has learned her lesson, then let her out.

UPDATE: Teen is freed after serving a year for shoving aide