Ingram, meanwhile, suggested that the girl could now be released safely to the custody of the Department of Children and Families, and offered to have her wear an ankle bracelet.
“A child should not be held in custody because the court feels she is a danger to herself,” Ingram argued, pointing to alternatives to the DYS detention facility, where the girl gets just a half-hour a day outdoors. Ingram also said the 100 days in custody has made the girl realize the consequences of her actions.
The girl has diabetes and has been diagnosed with learning disabilities, her lawyer said. She comes from an unstable family and her mother has been unable to care for her since suffering a stroke, said the lawyer.
Feeley, meanwhile, looked at the girl’s record and suggested that she has never demonstrated the ability to adhere to any court orders or other adult authority.
“If she, in an unprovoked manner, violently assaults a police officer taking her into custody, how can I have any assurances she won’t assault someone else ... in a position of lesser authority?” the judge asked.
Baglioni and a Juvenile Court probation officer, Jose Avila, had been conducting a so-called “night ride,” looking for youths who were wanted on either delinquency warrants or for other court proceedings.
The girl, who was wanted in connection with four juvenile cases, and her friend, who was also under court supervision, were being taken to the police station.
Under a recent change in guidelines on juveniles, the two girls were not handcuffed. During the ride to the station, the detective and the probation officer noticed that the girls were speaking in a low voice to each other and that the second girl had handed something to the defendant from a purse.
As the teens and the two men got out of the police car, the girls started moving toward the street, Grimes told the judge. Baglioni stepped over to prevent them from fleeing, as Avila took out a cellphone.