Nerf Wars and Handcuffs

The sound of children laughing and playing is typically heartwarming and nostalgic, but on one particular July afternoon, it was replaced by frightened cries and the piercing screams of sirens. On July 24, 2019, in Colorado Springs, Colorado, ten-year-old Gavin Carpenter's world was turned upside down by an overzealous driver and a criminal justice system gone awry. Gavin lived with his parents, Chris and Stephanie Carpenter, and two siblings on the Fort Carson Army base outside Colorado Springs.

Innocently, Gavin and his friends played with toy guns outside his friend's grandparents' house. A passing pickup truck aggressively slammed on its brakes and reversed towards the frightened children; unbeknownst to Gavin, this action initiated a chain of events: events that would culminate in his arrest, inflict trauma upon him - even wrongfully prosecute him.

The terrorized boys, in their scramble to reach the safety of their grandparents' home, witnessed an irate driver, whose name remains unmentioned, falsifying information. This man claimed - with a concocted story presented passionately to the 911 dispatcher - that Gavin had taken shots at his vehicle using a 'BB gun.'

Acting on the misinformation; within minutes deputies from El Paso County Sheriff's Office were on scene. As the deputies roughly placed 10-year-old Gavin and his friend in handcuffs, tears streaming down their faces, the children frantically attempted to convey that the toy was harmless, just a broken orange Nerf gun incapable of firing. Their pleas were ignored by the deputies, throwing them into the back of a squad car and route to the Colorado Springs Police Department.

At the station, Gavin endured the humiliation and fear of being fingerprinted and mugshot like a hardened criminal. His parents, Chris and Stephanie Carpenter, rushed to the police station, equally distraught at their child's situation. Terrified and furious, they demanding answers as to why their son was being treated like a criminal. But Gavin was not released from police custody until 10:30 that night.

Sadly, Gavin's nightmare was only just beginning. Showing a stunning lack of discretion, prosecutors in the El Paso County District Attorney's Office made the decision to formally charge this traumatized child with felony menacing. The fact that Gavin clearly had no criminal intent seemed not to matter to the overzealous, politically-motivated prosecutors. Felony menacing requires proof that the perpetrator knowingly or intentionally placed someone in fear of serious bodily injury or death. A ten-year-old playing cops and robbers with Nerf guns clearly did not meet this standard.

The elected District Attorney should have stepped in upon learning of Gavin's case to drop the ludicrous charges. Instead, the DA's office doubled down, refusing to back down when Gavin's parents hired an attorney to defend their son. According to sources close to the family, the D.A. callously informed them that before Gavin's record could be expunged, he would first have to complete a 216-day "diversion program" involving community service and writing an apology essay to the court. All for the "crime" of playing with a broken Nerf gun at age 10.

A broken system subjected this child to what can only be described as excessive torment and abuse. Gavin's parents, after enduring nearly a year of legal fees, stress, and emotional trauma, achieved the expungement of his record by a judge in February 2020.

Gavin's story provides stark insights: it reveals how compassion and common sense can elude even the most well-intentioned police officers and prosecutors in their relentless pursuit either for political agendas or self-promotion; furthermore – an indifference to human toll emerges from these actions cast upon not just one child but also his entire family by uncaring adults involved.

Of course the officers justified their actions, claiming they had acted in accordance with departmental protocol, but the family felt that the officers had acted rashly and failed to take the circumstances into account. "They crushed a boy's spirit and trust in the system, far from 'serving and protecting'. How could this occur within our purportedly just society? Will we remain ready to compromise our children's wellbeing and mental health for the sake of zero-tolerance measures, coupled with political expediency?"

The experience of Gavin underscores the striking lack of oversight and accountability among certain police officers and prosecutors. It further illuminates our critical requirement for equilibrium, discernment, and compassion within the criminal justice system. Should we extract any positive outcome from Gavin Carpenter's trauma, it might potentially function as both a cautionary narrative - urging vigilance - as well as an instigator towards change.

Countless children, particularly in marginalized communities such as Gavin, experience premature adult treatment from police and prosecutors. Their developmental readiness remains far off; they bear psychological scars for life. We must demand of law enforcement entities to recall their duty: "protect and serve" our most vulnerable constituents – notably these underage individuals. District Attorneys, elected through a process that values good judgment over chasing convictions for personal resumes; this is our imperative. We must actively infuse basic humanity and nuance into the system - an entity which unequivocally faltered when a ten-year-old child innocently played with his Nerf gun on one sunny afternoon in Colorado.