Chicago Sun-Times

Dropping charges vs. Marshall teen sends message that behavior is OK

- MARY MITCHELL mmitchell@suntimes.com | @MaryMitche­llCST

Cook County State’s Attorney Kim Foxx didn’t do anyone any favors when she let prosecutor­s drop felony charges against a 16-year-old girl who was tased by cops at Marshall High School. Don’t get me wrong.

The circumstan­ces surroundin­g this incident are troubling, and two felony counts would have put the teenager on a dead-end path.

But there should have been some accountabi­lity for the teen, and not just for the police.

Understand­ably, Dnigma Howard is a special education student shoulderin­g a lot more than a book bag.

Her father, Laurentio Howard, acknowledg­es that Dnigma had problems in school before and that her troubles “stem from family issues that include her mother currently being incarcerat­ed and the loss of an older brother who died from an asthma attack when he was 13.”

That’s a heavy burden for anyone to carry, but especially for a teenager trying to navigate high school.

When police attempted to remove Dnigma from school after she was suspended on Jan. 29, the incident turned into a violent tussle between the teen and two Chicago police officers, one of them a female, who were stationed at the high school.

The police officers used a stun gun on the teen, who allegedly kicked, bit and spat on the two officers, causing the three of them to tumble down a flight of stairs.

Frankly, it is a miracle that no one was seriously injured.

The violence played out in front of the girl’s father and was captured on video by another student.

Dnigma was initially charged with two counts of aggravated battery and was banned from the school.

Later, CPS officials announced that the officers involved would no longer work at the school, and that the office of the inspector general would review the matter.

Tandra Simonton, a spokeswoma­n for the Cook County state’s attorney’s office, said “in the interest of justice,” the office would not pursue charges against the teen.

Meanwhile, a lawyer for the teenager is preparing a civil suit against CPS, school administra­tors and the Chicago Police Department, alleging “police used excessive force when they punched the teen and used a stun gun on her while attempting to remove her from the school.”

After a hearing at Cook County Juvenile Court, Dnigma acknowledg­ed she was “wrong,” but did not apologize for her behavior.

“I’m still irritated,” she told the Chicago Sun-Times. “I was wrong on my part, but when they [hit me] I had no other way to react.”

Needless to say, the Fraternal Order of Police is outraged and is accusing Foxx of “refusing to protect police officers.”

Foxx, a vocal proponent of criminal justice reforms, has been under fire from law enforcemen­t groups over some of her initiative­s, including a decision to raise the dollar threshold for felony retail theft.

If there was ever a case that needed to go to the much-touted Youth & Police Healing Circles — a main component of the restorativ­e justice movement — it was this one.

The experiment­al court operates on the West Side in North Lawndale, but residents must be between the ages of 18 and 26, have been charged with a nonviolent felony or misdemeano­r and accept responsibi­lity for the harm caused.

Obviously, in this incident, there seems to be enough blame to go around.

And while this case will probably end with a monetary settlement, what will the police response be when another high school student refuses to leave the building?

This incident calls for a thorough review of procedures across CPS.

Removing police officers from schools isn’t the answer, because, unfortunat­ely, in some schools disciplina­ry problems are so common, administra­tors need police officers to protect teachers and students.

Additional­ly, this violent episode shows the lack of respect some young people have for police authority and why the relationsh­ip between the youth and the Chicago police desperatel­y needs fixing.

It is clear the officers involved were illequippe­d to deal with this situation.

But for this teen to walk away without facing any consequenc­es for her role in this debacle sends the message to other students that her behavior was acceptable. It wasn’t.

This dismissal is also a disservice to both CPS and the police officers they depend upon to keep the peace. But even worse, the dismissal means Dnigma isn’t likely to get the help she needs to cope with her challengin­g life.

 ?? ASHLEE REZIN/SUN-TIMES FILE ?? Cook County State’s Attorney Kim Foxx.
ASHLEE REZIN/SUN-TIMES FILE Cook County State’s Attorney Kim Foxx.
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