Family of 7-year-old arrested for riding dirt bike loses appeal
Remember Gerard Mungo Jr.?
He's the 7-year-old who was arrested four years ago while sitting on an idling dirt bike in front of his East Baltimore rowhouse. Police cuffed the child, took him to a station and shackled him to a bench before taking him to juvenile detention.
The case attracted national attention, was debated in the media, earned a rebuke and an apology to the family from the mayor and a hefty lawsuit by the boy's family. A jury last year awarded the parents nothing, even though the judge found two officers had illegally arrested the boy because they didn't witness the incident.
Gerard is at left with his mother in this picture taken by The Sun's Kenneth K. Lam.
The family appealed arguing a Baltimore judge improperly moved the trial out of the city, citing negative publicity against the police officers, and that they couldn't get a fair trial in Howard County because the racial mix is far lower than in the city.
Maryland's second-highest court, the Court of Special Appeals, rejected both arguments in an opinion issued Friday. The court ruled that moving the proceedings to Howard was proper, and that the family got a fair trial.
Categories: Courts and the justice system, East Baltimore, Howard County
Comments
Pulling the race card. Give me a break. The parents should be the ones locked up. I'm tired of these 'dirt bike' gangs making us real motorcyclists look bad here in the city.
Posted by: Phillip | October 3, 2011 12:28 PM
I'm sorry, but no matter whether the kid's actions were right or wrong, there is NEVER a reason to cuff and shackle a 7 year old.
Posted by: MC | October 3, 2011 1:42 PM
Amazing- can't get a fair trial in Howard County because the racial mix is different.
I guess that is because all non-black people are racist?
Yeah, that's definitely it. And, its not racist to think that way.
Sigh... its a shame they are even allowed to file a lawsuit. Talk about a need for tort reform. The lawyer that filed the appeal should be disbarred under the charge of "filing a stupid and ridiculous lawsuit"
Posted by: Ben | October 3, 2011 2:20 PM
You'll get off on a criminal case or get a judgement in your favor in Baltimore city if you are black? Because the jury is black? Why should race matter or be a factor of guilt or innocence? A black jury that finds a black defendant innocent based on race should be incarerated. When white people assume guilt based on race they are racist.
Posted by: Jim | October 3, 2011 8:06 PM
I never knew that it was ok to cuff and shackel a 7 year old. I am further discusted with all of you that consider having an equal jury of blacks and whites racist. There are plenty of white people that have trials moved out of cities because the jury is deemed unconstinutional. It is everyones right to a fair trial and to be judged by a jury of their PEERS. If race has the potential to play a factor, then it is fair to request that have it moved to a place where the jury will have equal representation.
Posted by: andrea | October 4, 2011 1:05 PM
There are lots of black people in Howard county. Look at Columbia...
Posted by: J | October 4, 2011 8:44 PM