Equal Justice
I feel like I just read stepped into a history book. These people must feel pretty frickin' empowered and superior to think they can get away with this. A white boy kills two people and gets probation. A white girl burns down her parent's house and gets probation. A black girl pushes a hall monitor and gets seven years. Are they flippin' kidding?
The public fairgrounds in this small east Texas town look ordinary enough, like so many other well-worn county fair sites across the nation. Unless you know the history of the place.
There are no plaques or markers to denote it, but several of the most notorious public lynchings of black Americans in the late 19th and early 20th Centuries were staged at the Paris Fairgrounds, where thousands of white spectators would gather to watch and cheer as black men were dragged onto a scaffold, scalded with hot irons and finally burned to death or hanged.
Brenda Cherry, a local civil rights activist, can see the fairgrounds from the front yard of her modest home, in the heart of the "black" side of this starkly segregated town of 26,000. And lately, Cherry says, she's begun to wonder whether the racist legacy of those lynchings is rebounding in a place that calls itself "the best small town in Texas."
"Some of the things that happen here would not happen if we were in Dallas or Houston," Cherry said. "They happen because we are in this closed town. I compare it to 1930s."
There was the 19-year-old white man, convicted last July of criminally negligent homicide for killing a 54-year-old black woman and her 3-year-old grandson with his truck, who was sentenced in Paris to probation and required to send an annual Christmas card to the victims' family.
There are the Paris public schools, which are under investigation by the U.S. Education Department after repeated complaints that administrators discipline black students more frequently, and more harshly, than white students.
And then there is the case that most troubles Cherry and leaders of the Texas NAACP, involving a 14-year-old black freshman, Shaquanda Cotton, who shoved a hall monitor at Paris High School in a dispute over entering the building before the school day had officially begun.
The youth had no prior arrest record, and the hall monitor--a 58-year-old teacher's aide--was not seriously injured. But Shaquanda was tried in March 2006 in the town's juvenile court, convicted of "assault on a public servant" and sentenced by Lamar County Judge Chuck Superville to prison for up to 7 years, until she turns 21.
Just three months earlier, Superville sentenced a 14-year-old white girl, convicted of arson for burning down her family's house, to probation.
"All Shaquanda did was grab somebody and she will be in jail for 5 or 6 years?" said Gary Bledsoe, an Austin attorney who is president of the state NAACP branch. "It's like they are sending a signal to black folks in Paris that you stay in your place in this community, in the shadows, intimidated."
The Tribune generally does not identify criminal suspects younger than age 17, but is doing so in this case because the girl and her family have chosen to go public with their story.
This is the kind of story that needs to be front page news anytime people think that America has no racial issues and that all things are equal. No, they are not - not by a long shot.
Labels: Paris TX, Shaquanda Cotton
42 Comments:
I read that aricle in the Tribune and it was mind blowing! I was shocked and saddened at the same time. What they did to that little girl was ridiculous
I agree that the punishment for Shaquanda Cotton is excessive, but many parts of this story have been taken out of context.
The comment about a 19 year old white man killing two black people and getting probation is the most egregious. The white man was convicted of criminally negligent homicide because of an automobile accident. A car containing a 53 year old black woman, her son, and her three year old grandson was stopped on a busy farm-to-market road in preparation to turn. The white male was not paying attention to the road and ran into the car, killing the woman and child. This was a tragic accident, but is being taken out of context. To the average reader that does not know the background information, the description sounds like a murder. That was most definately not the case.
There is a great deal of relevant information that is being left out of the Chicago Tribune story about Ms. Cotton to help give the impression that there is pervasive racism in Paris, Texas. There were black administrators and teachers who testified against Ms. Cotton in court, and recommended that she receive a stiff sentence because she was a habitual offender at school. I still contend that she received too severe a sentence since she did not have a criminal record, but it is not as though a group consisting entirely of whites conspired to teach blacks in Paris, Texas a lesson.
There were black leaders in the community who spoke up in support of Paris ISD, and its good treatment of students regardless of their race. The complaints against Paris ISD were found to be without merit during the investigations. What became evident is that there is a significant parenting problem, not a school district that singles out black students for more severe punishment.
As to the segregation in Paris, I doubt very seriously as to whether or not there is a single community in America in which the citizens do not, to a large extent, voluntarily segregate themselves. I am not saying that voluntary segregation is a good thing, but to attempt to label a community racist because of it would be as absurd as calling a business that caters to blacks more than whites (for instance a black barber shop) racist against whites.
I live in Paris, and the neighborhood that I live in is comprised of both white and black families right next to each other. To say that there is no racism in Paris would be just as inaccurate as to say that there is no racism in Detroit or Miami or New York, but it is dying. There are whites who are racist against blacks and blacks who are racist against whites in every single town in this nation. That's a damn shame, but the truth is it's dying.
Trying to interject racism into a situation in which there is none only serves to perpetuate that which a community is unfairly being accused of.
Dear Anonymous:
Shaquanda's punishment is not simply excessive--it is barbaric. There's no way to take that out of context.
You brought up the 19-year-old who killed two people in an auto accident because, as you put it, he wasn't paying attention. What was his sentence? You didn't mention that. He was convicted of criminally negligent homicide. The jury recommended he serve 5 years in prsion BUT the judge reduced his sentence to 10 years PROBATION. His "inattention" certainly had consequences more serious that Shaquanda's implusive acting out. He was convicted of homicide and went home. Who did Shaquanda kill.
Paris, Texas must be a curious place indeed if the school system sends discipline cases to state prison rather than using other means. What do you do to people who fail to pay credit card debts--debtors prison?
You admit there is segregation in Paris--but it's "their" fault because they choose it. Segregation is about economics--look it up.
As for racism in Paris--me thinks Anonymous doth protest too much.
I too live in Paris. There is no explaining away what Judge Superville did. The 19 year old just happened to be a cousin of the sheriff. He KILLED two people. He had prior arrests. This was not the first time he was speeding in his big truck. He will most likely do it again since he only got a little slap on the wrist. It must be very hard on him to be sentenced to probation and having to send the Christmas cards every year to the dead childs family. Nothing is taken out of context. The fact that the school is able to persuade two of their black teachers to testify in no way indicates their was no racism. Althea Dixon was one of those teachers. I was at the trial. She testified that she had written the girl up twice. Once for wearing a skirt that she considered too short and once for the girl running out of a classroom crying when the teacher humiliated her and students were laughing. That writeup was for leaving the room without permission. Based on that, Mrs. Dixon recommended she be taken from her mother. Sounds like somone was trying to keep their job. The other black, Micheal Johnson testified that he had only met the mother once but he recommened TYC because the mother was unfit for filing complaints. I don't think Johnson is fit to determine who is a fit parent or not since he impregnated one of his students several years back but did not lose his job.Those were the only blacks testifying. Just because you have blacks trying to hold on to jobs that are very limited for blacks in Paris and are willing to do unethical things to keep them does not mean there is no racism. The only so called black leader that has "spoken out" saying that there is no racism in Paris Texas is Marva Joe. Every single time the issue of racism is brought up, they pull out that same old tired mouth piece. If they need an official black to say it, they pull out the FERPA man Robert High. These two are not leaders. They help keep racism alive. They serve the purpose of what just happened with this blog. "Since blacks participated, how could it be racism". Up until 1984, Paris still had segregated public housing. It was not because black people had a choice in the matter and wanted it that way. Stop making excuses for racism. Thats why Paris is in the spot light right now. They make too many excuses. They need to come off the plantation and step into this century.
Mother,
I haven't spoken with a single person about this case that doesn't believe that the sentence was excessive, however it is also my understanding that Ms. Cotton could have been out of the Texas Youth Commission facility already had she not been denied a personal recognizance bond by an appeals court. My question (to which I do not know the answer) is why?
To be clear, I continue to believe that her sentence was harsh, especially since she had no criminal record (although she ahd an extensive disciplinary record at school).
There was no motive behind the lack of mention of a sentence for the 19 year old male. I didn't bring it up, because if I remember correctly, it was mentioned in the original article in the Chicago Tribune. I have no explanation as to why his sentence was reduced, but I also do not believe that he should have served jail time for a traffic accident in which he was not under the influence of any substances.
There are no debtors prisons, so we don't have that option (and I'm sure we're all thankful for that, regardless of our ethnicity).
I assign no fault or blame on anyone for the voluntary segregation that goes on in this nation. There are a multitude of reasons why people choose to live where they do. Economics is certainly one of them. In Paris, race has nothing to do with being poor. Roughly twenty percent of the population of Paris lives below the poverty line. That includes a great deal of whites and blacks. People also choose to live where they are comfortable. Undoubtedly racial composition plays a role in how comfortable some people (both black and white) are in their neighborhood. Personally, the skin color of my neighbors isn't one of the criteria I use to make decision as to where I live.
My only hope from this is that we can have an honest and open dialogue about the accusations that have been leveled against the city of Paris by a writer who chose to smear my city in an article about Ms. Cotton.
I believe that discussion such as this is the best way for us to kill racism. I sincerely hope that we can all agree to work towards that goal.
Appellant judges are not in the business of releasing anyone directly after they have been incarcerated. It is no reflection on the girl. Students in Paris Independent School District are written up many times for things that make no sense. I read a Paris news article a while back that claimed an 8 year old boy with ADHD was sent to alternative school for rolling his eyes in the cafeteria and making noises. Kids with ADHD do those things so taking that into consideration,the fact that the girl who they said has ADHD,got numerus write-ups is not suprising. But no child should be placed in TYC because they got written up at school for minor things.I think people really need to look into matters when complaints are voiced concerning children and not look at race. Look at the Texas Youth Commission right now. Evidently Judge Superville claimed he had to send the girl to the Ron Jackson facility for her own best interest but now it has been proven that the little girls down there were being raped and abused by the guards and other staff. These chidren are the ones needing someone to speak up for them, not adults who make bad decisions.
In response to 6:43 PM Anonymous:
The only way we can honestly discuss these issues is to be precise. It is unethical to only use incidents taken out of context or muddled with ambiguity in order to advance your position.
The 19 year old male had one prior arrest for evading arrest by trying to flee from a patrolman pulling him over to issue a traffic citation. It is most likely the last time he will be speeding in his big truck, since part of his punishment prohibits him from driving such a vehicle. At his trial the he and the family of the deceased embraced and the family forgave him for the accident. The family of the deceased stated that they did not want him to serve time in jail. Perhaps that is what persuaded the judge to not issue the recommended sentence. It is abundantly clear that the incident was taken out of context.
You have no way of knowing what the motivation of Althea Dixon and Michael Johnson was in testifying against her. To pretend that you do is highly unethical.
Marva Joe is not a "so called black leader" in Paris. She is a leader in Paris who happens to be black. For you to disparage Marva Joe and Robert High, two upstanding community leaders, because they disagree with your position is unethical. Please explain how they keep racism alive.
I will not and have not made excuses for racism. I believe people should be judged by their words and actions, not by the color of their skin.
The following is to help illuminate the situation:
The Paris ISD Board consists of seven members, two of which are black. The black population of Paris is at roughly 22%. Blacks comprise roughly 28% of the school board.
The following link is to the Paris ISD Code of Conduct:
http://www.parisisd.net/InternetRoot/District/dmp%202005-06.pdf
Ms. Cotton was convicted of assault of a public servant, which is a third degree felony.
In response to the one person that is so painfully attempting to explain away a shocking show of racism in Paris Texas. The 19 year old KILLED two people. The D.A. did not request any time for this cousin of the sheriff. You claim you want all the facts stated. The JURY wanted him to serve five years. If it was such an innocent little accident as The Paris News keeps pretending it was, they would not have recommended that. Most likely, he would not have been charged at all. What I do know about Johnson and Dixon is what they testified to. Maybe Johnson feels obligated to do what he is told beause he got one of his students pregnant but was able to keep his job. You don't know what motivated them either, nor do you know what motivated the judge or the D.A. in the Cotton case, but you keep proclaiming that none of these things could possibly have been motivated by racism. Marva Joe must have followers in order to be a leader. The only reason the Paris News builds her up as a leader is beause she constantly bad mouths black people and claims Paris is free of racism. Who is she leading? The following is a link to a record of one of the incidents described in The Chicago Tribune Article. The article was done in 1998 and it showed the mindset in Paris Texas at that time and things have not changed since then. People should be judged by their words and actions. I could not agree more.
http://userdb.rootsweb.com/cemeteries/TX/Lamar/cgi-bin/txlamarcem.cgi?id=2261&d=Lamar_Co._TX_Cemeteries&r=http://userdb.rootsweb.com/cemeteries/TX/Lamar/&s=
I don't mind being the only person defending Paris' reputation. Someone has to stand up and speak out, just as you are compelled to speak out against the perceived injustice against Ms. Cotton.
My primary motivation is defending the reputation of my community.
As to the specific incident in question, I don't believe that we can definitively say one way or the other whether or not it was racism that motivated the sentence. The only way to truly know is to look inside the mind of Judge Superville. Since that isn't possible, all we can do is speculate as to the reason behind the severe sentence.
As to the traffic accident, it could have been you or I that caused that crash and killed those people. There would have been (and was not any) intent on our part. Traffic accidents, when the driver is not under the influence, should not result in jail time. I stand firm on that issue. Perhaps you missed the fact that the victims' family did not want him to spend any time in jail. That could have had something to do with the sentence. It was an innocent accident. Are you suggesting that he intended to kill two innocent people with his truck?
I most certainly have not proclaimed that none of the events in the Cotton case were not motivated by racism. I only suspect that they were not. I suspect the motivation had more to do with Ms. Cotton's consistent behavorial issues at school and the fact that she committed a felony. None of us can be certain as to anyone's motivation for their actions in this case. We can only suppose.
I tried to follow the link you provided, but it did not work. Could you please provide it again?
I meant to type there would not have been intent on our part in the discussion we're having about the crash. My apologies.
Thats why Posey was charged with criminally negligent homicide rather than murder or manslaughter. Lets look at this realistically. You claim you want to show the real truth but when you posted Cody Posey's prior record, why did you only post one thing? You also proclaimed that most likey he would not be speeding again in his big truck. This is Cody Posys's criminal record with ALL incident included. I got it from the Lamar County records.
01/30/04-Fail To Stop (Stop Sign-Intersection)
01/30/04-Expired Driver'S License
01/23/04-Hunt Or Poss.Deer In Closed Area
09/14/04-Failure To Attend School
10/25/04-Failure To Attend School
11/20/04-Proof Of Financial Responsibility
12/13/04-Evading Arrest Detention W/Veh
01/19/05-Littering/Dumping
01/19/05-Permit Unlicensed Person To Drive
02/03/05-Failure To Attend School
Confined 05/25/2005 Released 05/25/2005
Charge CRIMINAL NEGLIGENT HOMICIDE
10/05/05-No Safety Belt
01/26/06-Speeding (Exceed Prima Facie Limit) - 58 Mph/45 Mph
01/26/06-Fail To Report Change Of Address On Dl
08/14/06-Fail To Report Change Of Address On Dl
11/13/06-Speeding (Exceed Prima Facie Limit) - 76 Mph/65 Mph
02/17/07-Speeding (Exceed Prima Facie Limit) - 74 Mph/60 Mph
Speaking of consistant behavorial issues.....
He has been caught speeding THREE times since he killed those people. Yet you sit and defend him. Sometimes things don't need defending. Maybe you should look within yourself to see what motivates you. The link is to the Lamar County Texas cemetery record of Irving Arthur. The Chicago Tribune did a story in 1998 and interviewed Parisians. Some of those interviews are in that record. The ignorance of some the people in Paris is mind boggling and it is made obvious in that article.
I apologize.
I too looked at the Lamar County records, but I only looked at the criminal records, hence the single listing. I stand corrected.
It's a damn shame that he has continued to speed on the road since the accident. I will not be defending him further, but I stand by the fact that he should not be in jail.
I have no ulterior motives. My motive is to defend the reputation of Paris.
I also have spoken with a friend of mine who is in law school regarding sentencing guidelines when a person is found guilty of assault on a public servant, which is a third degree felony.
VERNON'S TEXAS STATUTES AND CODES ANNOTATED
PENAL CODE
TITLE 3. PUNISHMENTS
CHAPTER 12. PUNISHMENTS
SUBCHAPTER C. ORDINARY FELONY PUNISHMENTS
§ 12.34. Third Degree Felony Punishment
(a) An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years.
(b) In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000.
That law applies to adults. It does not apply to juveniles. The max Supervile could have imposed was 7 years and that is what he did although he made it indeterminate. She got the same sentence juvenile rapists and murderers get unless they are tried as adults.
More insight as to why Ms. Cotton was given the sentence that she was:
Allan Hubbard, spokesperson for Lamar County (either DA or Court) said that during the trial Creola Cotton stated that neither she nor her daughter would follow any of the requirements of probation, because they felt that they had done nothing wrong.
Not more insight. I know for a fact that is a lie and it can be proven. I was at the trial. If Hubbard, who works for the D.A., made such a statement, he is digging a hole for himself. They need to remember that a transcript exists.
I agree, if that is a lie, it will reflect very poorly on the DA's office. Why would he allow himself to be quoted by KXII if he was lying?
This is not to say that he is not lying, just that it would be very stupid on his part.
Is there any way to get ahold of a transcript so that we can know for sure?
This was an awesome exchange. And anonymous 10:52 you put the proof the pudding on the table and made Anonymous 2:55 eat crow.
How can you get on these blogs and accuse folks of lying and you don't have the facts?
Get the facts before defending those who have incarcarated a young female as a felon.
Shame on you 2:55 for even believing its okay for the young lady to spend one day in prison.
Shame on you, credo, for believing that convicted felons shouldn't spend a day in jail.
I admittedly did not dig up criminal records as well as the person that I am having this discussion with, and readily admitted and apologized for my mistake.
It's funny that you mention that I should get my facts straight when 99% of the bloggers discussing this haven't bothered to.
I can assure you, that by and large, the only people who do have a clue about this case are the people of Paris. Most of the bloggers posting are not taking into consideration the fact that Ms. Cotton got herself in this predicament by her own actions. She could have already been released if not for her own actions. She would not be in TYC if not for her own actions.
It's good to know that accountability and responsibility for one's actions are no longer required. I could use a little extra cash. I think I'll go knock off a convenience store. Since I don't have a criminal record, even though a commit a felony, I should be given a slap on the wrist, right?
"Shame on you, credo, for believing that convicted felons shouldn't spend a day in jail."
Shame on you for believing its ok for the 14 year old to be in jail but you don't believe Cody Posey, A CONVICTED FELON, should spend a day in jail. You appear to be a hypocrite. According to Alan Hubbard, the girl has been kept there because she maintains her innocence.
You still haven't responded to the fact that the family of the deceased stated in court that they didn't think he should serve jail time.
I will say it again: if he was not under the influence of any narcotics or alcohol, or racing his car, he should not do time for a traffic accident.
I believe that is a dangerous precedent to set.
I do not believe that sentencing someone to time in a state facility for assaulting a public servant is setting a bad precedent.
Do you want to send the message to our kids that it's okay to assault public servants and authority figures? Apparently you do.
She clearly isn't innocent, because she clearly pushed the teacher's aide, which is assault on a public servant. Saying that you haven't committed a crime after you commit one is a good way to spend longer time in TYC than you should have to. If she would admit what she did was wrong and behave appropriately in TYC, she would have already been out. She obviously cannot do that.
She has clearly had a bad example set for her by her mother, which is a major contributing factor to her being in TYC instead of at home.
Student sent to TYC for shoving aide
By Charles Richards
The Paris News Published March 12, 2006A 14-year-old girl has been sentenced to a state juvenile correction facility “for an indeterminate period not to exceed her 21st birthday” for shoving a 58-year-old teacher’s aide.The incident occurred Sept. 30 at Paris High School, while the aide was on hall monitor duty. The girl has a history of problems at school, according to court testimony.
County Judge Chuck Superville said the girl must spend a minimum of one year at a Texas Youth Commission facility. How much longer she will stay depends upon her progress, the judge said.
A three-man, three-woman jury listened to testimony Thursday and Friday before being handed the case about 3:30 p.m. Friday. The jury deliberated just 10 minutes before reporting it had a verdict: “We the jury find it true that the respondent … did engage in delinquent conduct by commission of an assault on a public servant as charged in the petition.”
Superville discharged the jury, and the trial moved into the punishment phase, which continued for about two and a half hours before defense attorney Wesley Newell and the Lamar County district attorney’s office rested about 6:15 p.m. Friday.
School officials said they have dealt with the girl, who is now a high school freshman, many times on disciplinary issues dating back several years.
Newell argued for probation, and Superville had gone on record that sending a teenager to the TYC was something he generally would do only as a last resort.
Prosecutors argued against probation, saying that the girl’s mother is perhaps her biggest problem and that the girl has no hope of getting better as long as she’s in the same home as her mother. District Attorney Gary Young said the mother’s response to any problem at school was to paint school officials as racist.
During the punishment phase, a half-dozen or so teachers — both white and black — from the high school or from Paris Alternative School, where the girl was transferred after the incident last September, described the girl as “openly defiant, generally did not follow rules.”
Michael Johnson, a teacher/coach at the alternative school, said after a teacher “wrote her up” for violation of rules, the girl told him “I’m going to bust her in the nose.” She wanted to go home, but he made her go to the office with him, Johnson said. He said she told him, “You don’t know me very well, because I’ll burn this school down.”
Johnson, who is black, said the girl’s mother berated him, calling him the equivalent of an Uncle Tom.
The jury had three women, one of whom was black, and three men.
PHS principal Gary Preston said the school district made available every resource it had “but regularly got road-blocked with non-support of her mother.” He said he knows of nothing more that can be done.
“I think (the girl) is capable, but she is enabled by a mother who won’t support the attempts to help her. … Up until now, I think it has been very harmful for her to be in the same home with her mother.”
The girl admitted pushing the teacher’s aide, Cleda Brownfield, but said she did so only after Brownfield shoved her first.
The Sept. 30 incident occurred about 15 to 20 minutes before regular classes were to begin at 8:30 a.m. at Paris High School. Brownfield was the hall monitor in a building where some students were having meetings and others were being helped by tutors.
The hall monitor’s job is to lock the doors about 8:05 a.m., keeping all other students out of the hallways until 8:30 a.m. to keep disruptions at a minimum. Brownfield said she was on her way to lock the door when the girl walked in. When the girl was told she couldn’t come in, she protested, saying she had to go to the restroom, Brownfield testified.
She told her she’d have to use a restroom in the cafeteria across the courtyard, and the girl finally left, she said. Minutes later, when another student was admitted into the building for a meeting, the girl insisted that she also be let in. When the girl told her, “I’ll knock your block off,” and moved to come in, Brownfield said, she put up her hands in a defensive posture, and the girl responded by shoving her hard.
A teacher, Jerry Fleming, was nearby and the girl complained that he had a pencil in his hand, causing a cut on her hand when he put out his hand to restrain her. He also stepped on her shoelaces, causing her to fall, and she bumped her head, she said.
School resource officer Brad Ruthart testified he was on duty in the parking lot when he was summoned to the building because Brownfield “had been assaulted by a student.” He said he found her in the lounge and the student seated outside the principal’s office.
Brownfield “was crying, very upset, holding her arm. I asked her if she was OK, and she said she was not. I felt she needed medical help. She was so upset she had difficulty talking,” said Ruthart, a Paris police officers who works as a school resource officer for PISD.
The girl “was very calm, didn’t appear to be a threat,” Ruthart testified. During the next half hour, he talked to the various teachers who were either involved or had seen part of what happened. He also talked to the girl and to several of her friends, all of whom insisted that Brownfield shoved first.
“I thought it didn’t seem like something Brownfield would do. From what I knew of her and from what others were saying, it didn’t add up,” he said. Ruthart said he had known the teacher’s aide for several years and described her as “mild-mannered, soft-spoken, a grandmotherly type.”
The girl’s mother testified late Thursday afternoon that she got dressed and drove to Paris High School after receiving a telephone call that her daughter had been involved in an incident.
“She was sitting in the office with two other girls, crying. She had a knot on her head and a cut on her hand,” she said.
She talked with Ruthart and Preston, she said.
“I was upset because my daughter was sitting there hurting, and nobody was doing anything to help her. I asked them why nothing had been done to treat her injuries,” she said.
Newell asked if she got any satisfaction from them.
“No, they could care less,” she said.
She took her daughter to the hospital emergency room, where she was treated for a contusion on her head, a laceration on her hand and a sprained neck, she said.
About an hour after the incident, Brownfield was removed from the school on a stretcher and was taken by ambulance to the hospital.
The girl’s mother said her daughter has Attention Deficit Hyperactive Disorder (ADHD) and was trying to get into the building that day so she could get medication from the school nurse.
Brownfield testified the girl made no mention of needing to see the nurse and that if she had, she would have been allowed to do so. Ruthart said the girl also said nothing to him about having wanted in the building to see the school nurse.
Paris Texas Case Highlights Challenges Faced by Black Children Across the Country
Posted by Shawn Williams on March 22nd, 2007
I'm going to come address the situation in Paris from three different angles:
Broken Homes
Broken Schools
Broken Justice
Disclaimer: I do not know Shaquanda Cotton nor her mother Creola Cotton. I am a graduate of Paris High School and I have two nephews and a godson currently enrolled at Paris High School. I'm bringing my own perspective to the story from news reports and anecdotal conversations over the previous months.
Broken Homes
The case of Shaquanda Cotton has become bigger than any one individual, any one school, and any one town. As a matter of fact, the article of the Cotton family's plight was one of the most popular articles at digg.com yesterday. But individual lives are at stake, the lives of our children.
One of the challenges with cases like Ms. Cotton's is that trying to understand them from any one point of view diminishes their magnitude and scope, and often leads to misplaced energy. Racism in the schools is real; I'll deal with that tomorrow. Our justice system is unjust; that's for Monday. But today, I have to talk about the broken homes in the black community and our broken kids who we are sending to school.
There is not one school district in America that is designed to educate African-American children. While districts across the country try to figure out the best way to teach our new neighbors from the south, there has not been one attempt by our government in 400 years to fashion a curriculum that serves the unique needs of black youth. As such, if a child does not go to his first day of kindergarten understanding the importance of education and that school is only a place to learn (not play and socialize), chances are they will never get it.
Parents are getting younger and younger in our community. It's amazing how many high school graduates have parents who are 35 years old and younger. So in the most influential year of a child's life, years 1-5, many of our children are being raised by children. Not only that, but more than 40% of Black children live with a single mother compared to 20% of Hispanic children and 12 % of white children. Black fathers are often absent and children our missing a vital part of their development by not having a male present. Not that children can't succeed under those circumstances, but their success is the exception rather than the rule. This is not new information, but it speaks to the unique challenges many African-American children face when they walk through the school's door.
In my days in the Paris Independent School District, there were so many ways that our brokenness manifested itself in the classroom, in the hallways, and on the bus. I remember one of my good friends who when the teachers left the room would pass gas, get up and walk around fanning his stinky behind in the face of classmates. Or my boys high school who brought crack to school in empty 35 mm film cases.
And why do our kids fight so much? I can recount the many throwdowns that occurred on the bus after school let out. There were also fights in the hallway, many times between best friends. Young black girls were the worst when it came to fighting. Hair pulling, clothes tearing, face scratching, these girls got down for theirs. I don't recall once see two white females involved in a physical altercation during my school years.
And there is still a big problem with fighting in Paris Schools. But now it's not just the kids, but sometimes the mothers jump in and it's like a tag team match. There are also instances where hundreds of kids, black and white, congregate at the park in my old neighborhood and tape street brawls. The police are slow to intervene if they respond at all. None of what I mentioned is unique to Paris. Nor is sex in the schools. I was at church here in Dallas one day and kids ran over to tell us that a young lady at the high school across the street was giving boys oral sex for a dollar while they waited for the bus.
One of my nephews was getting in lots of trouble as a freshman at Paris High School. I met with one of his teachers, who was black, that outlined the discipline problems that she was having out of him in her class. One of the most frustrating parts of this problem was that he was able to do the work, but his behavior was too often getting in the way. Fortunately for him there was a family intervention, in the second half of his 9th grade year. The path that he was on had only two outcomes: death or jail. By the Grace of God he was able to get himself on the right track his sophomore year and he is scheduled to graduate this year. There was nothing that Paris High School did, or would have done for him more than call the police to come pick him up.
We as a community must have higher expectations of our children, demand more of ourselves as parents and mentors, and have a more realistic view of public schools. Schools are not designed to motivate our kids to learn or teach our children how to act. We have to have what Henry Louis Gates refers to as a " moral revolution." Gates actually says it like this: “Unless there is a moral revolution and a revolution in attitude among our people, unless [our kids] decide to stay in school, learn the ABCs, not to get pregnant when you’re 16, not to run drugs, not to sell drugs…we’re doomed to have a relatively small black middle class and huge underclass and never the twain shall meet."
In the end, our intolerance of poor behavior will have to equal our disdain for racism and injustice. We have to hold our parents to the same standards to which we hold our teachers and our administrators. A wise and seasoned sister that I heard speak at the Tavis Smiley meeting last month put it like this, "…No Child Left Behind sucks, but we are leaving our own children behind."
"I've lived here all my life, and I don't see that. My kids went to Paris High School, and they never had one minute of a problem with the school system, the courts or the police."
Mary Ann Fisher - Paris City Council/Mayor Pro Tem
Superville: Look at all the facts
By Mary Madewell
The Paris News
Published March 25, 2007
County Judge Chuck Superville says he fears for the community’s safety and is calling for the national media and other organizations to investigate the facts before drawing conclusions about the Shaquanda Cotton case.
The judge said a March 12 story in The Chicago Tribune unfairly painted the community as racist and a recent protest as well as the threat of future protests by organized groups with national media coverage could “spin this thing out of control.”
Superville said he has refrained from commenting until now because of his position as the judge in the Cotton case, but that he believes he has a higher duty as county judge to maintain order in the community.
“I call on the media and others involved to go to the public record to get the facts of the case before they rush to judgment,” Superville said Saturday.
Superville said after a three-day jury trial, which found that Cotton committed an act of juvenile delinquency — namely assault causing bodily injury against a public servant — he determined the best place for her would be Texas Youth Commission.
“If Shaquanda had been white, the outcome would have been the same,” Superville said. “My decision was based on facts and law and I am confident this was the correct decision based on the facts I was presented.”
The March 2006 case is on appeal with the Texarkana Court of Appeals. The court conducted a 10-hour hearing in August 2006 to consider a request that Cotton be released on bond.
The judge said Cotton could have been released at that time but would not speculate why the appellate court did not grant the bond. The judge said he presented the facts of the case and that attorneys for both the prosecution and for Cotton presented arguments.
Superville said he gave the 14-year old an indeterminate sentence up to seven years — her 21st birthday.
“Once I set the indeterminate sentence, Shaquanda holds the key to her jail cell,” Superville said. “It is up to the child and TYC.”
In explaining the juvenile process, Superville said after a jury makes it’s finding, the judge determines the disposition.
“I am bound by law to ask lawyers whether or not reasonable effort has been made to prevent or eliminate the need for the child to be removed from her home,” Superville said.
“I also must determine whether or not there is enough family support to assist the child in successfully completing terms and conditions of probation,” Superville said.
“Thirdly, I must determine whether or not it is in the child’s best interest to be removed from the home,” the judge said.
“Both lawyers presented evidence on those points,” Superville explained. “The county attorney put on a substantial amount of evidence that Shaquanda had been a persistent behavior problem at school and that the mother failed to cooperate at every turn.”
“I asked if there was anything that could be done that had not already been done and the repeated answer was ‘no,’” Superville said.
Superville said reports from Lamar County Juvenile Probation Department also weighed on his decision. Before a juvenile trial which could result in probation, the probation department conducts a fact-finding survey.
“The juvenile officer said the mother refused to cooperate and said he had no reason to believe the mother would cooperate if Shaquanda received probation,” Superville said.
“That theme was repeated witness after witness—that the mother made it impossible to help Shaquanda,” Superville said. “She blamed everyone except the child for misbehavior.”
Blog this: Nothing happened at Paris High
By Phillip Hamilton
The Paris News
Published March 25, 2007
Shaquanda Cotton was NOT sentenced to seven years in prison.
The 14-year-old, who was convicted of assaulting a public servant for shoving a 58-year-old teacher's aide, was sentenced to a state juvenile correction facility "for an indeterminate period not to exceed her 21st birthday." Whether she spends seven years in the dormitory-style facility she was assigned to depends on one person — Shaquanda.
Ever since the Chicago Tribune's Howard Whit did a hatchet job on Lamar County justice, folks across the nation have believed that County Judge Chuck Superville put Shaquanda behind bars for seven years. The fact is that's just plain and simple NOT true.
Let me repeat that for our recent out-of-town guests. The judge did NOT sentence Shaquanda to seven years and she is NOT in a prison.
By definition, an indeterminate sentence is one structured so that the person's conduct determines the date of release. The truth is that Shaquanda could be out by now. She determines how soon she comes home by her actions.
But that's not something the Chicago Tribune bothered to mention during the newspaper's journalistic lynching of this community earlier this month. Why lets facts get in the way of a good story, right?
The problem is that bloggers and talk-radio blabbers in the Metroplex and elsewhere have taken the spark the Chicago Tribune story started and fanned it into flames of outrage against our community. Now, other media are flocking to Paris to write about what one CNN producer told me last week is the "broader story" about how Shaquanda's case is affecting Paris.
Shaquanda's case isn't affecting Paris, but outside influences certainly are.
In the year after Shaquanda was convicted, absolutely nothing happened except Shaquanda's mother and a handful of wanna-be civil rights activists convinced a Dallas and Houston-based tabloid that Shaquanda had been wronged. The poorly written report was laced with inaccurate information and failed to garner much attention — especially with local African-Americans who are familiar with Shaquanda's case. Credible civil rights advocates, including most black ministers, did not become involved.
Then came Whitt and the Chicago Tribune with a much more polished version of the wanna-be civil rights activists' story. As spring break arrived, Blogs Gone Wild played on Web sites across the nation as wanna-be writers ate up Whitt's tale of a vindictive, racist school district and judicial system.
By Monday, ill-informed individuals marched on Lamar County Courthouse and PISD's administration building hurling insults at Superintendent Paul Trull and Assistant Superintendent Robert High, a real civil rights advocate who march with Dr. Martin Luther King Jr. in the '60s.
By Friday, the community had been whipped into a frenzy with rumors of protests and counter protests at Paris High, the plaza and the courthouse. Amid rumors that African-American students would walk away from classes at 11 a.m. and participate in a protest rally, law enforcement officers and school officials prepared for the worse. Extra lawmen were put on stand-by status and the front of Paris High was shielded with school buses. A white line was chalked to show protesters how far they could go without breaking the law.
Guess what happened?
Nothing — absolutely nothing.
Not one Paris High student walked away from campus, which was probably a great disappointment for the news vans parked across the street and the videographer aboard a chopper hovering over the school.
I know nothing happened because I had lunch in the Paris High cafeteria with Superintendent Paul Trull, PISD trustee George Fisher and a handful of African-America ministers.
Will there be another protest organized this week?
Probably.
But don't expect to see more than a handful of Paris residents participating. Those who know the facts understand Shaquanda's case is about the commission of a criminal act, not racism.
Letters to the Editor
March 25, 2007
To the Editor:
I just saw the article regarding "Protesters March on PISD, etc." and my first reaction is, "You have got to be kidding?" This is 2007, not 1967, and didn't we learn anything from 40 years ago that public protest ends up causing more harm than good and changes nothing in the long run?
My second reaction is what is the disciplinary background of Shaquanda Cotton that one assault would trigger an indeterminate sentence from a county judge whose reputation is one of fairness and often, leniency?
Finally, I grew up in a large city and as an adult have had the opportunity to live in several different cities and towns throughout the United States. Paris is the only place where I have experienced the level of prejudice and racism aimed at almost anyone that is considered "non-black."
Mary J. Colbert
Paris
So what is everyones point? The fact that white people in Paris say the only victims of racism in Paris are the white people. This Colbert woman is claiming that peaceful protests are harmful and evidently she thinks Martin Luther King's protests did more harm than good. I live in Paris and no one told children to walk out of school. The school district helped spread rumors that the KKK and Black Panthers were going to meet in Paris and there was going to be a big old race war. The school had blockades, troopers, riot shields and helicopters flying around. All these rumors were started by children text messaging each other and gossiping. They wasted all that money and time based on a now obvious rumor. The school, the judge, the D.A. and Phillip Hamilton are making complete fools out of themselves right about now trying to attack the child in order to justify what they have done. Keep it up fellas. But I think its too late for a smear campaign to work.
NAACP reviews Cotton situation
By Mary Madewell
The Paris News
Published March 25, 2007
The Paris Branch of the NAACP called for a timely release of Shaquanda Cotton from the Texas Youth Commission after a four-hour executive committee meeting Saturday.
The group also asked that an emergency item be placed on Monday night’s Paris City Council agenda to consider naming a diversity task force.
The group also called for an expedited appeal of the Cotton case by the Texarkana Court of Appeals in motions approved unanimously by nine board members at Saturday’s meeting.
This is just a portion of the article in todays Paris News. Robert High is Vice President of the NAACP(at least he was a few weeks ago). They are calling for Cotton to be released. Looks like High has a conflict of interest. I don't know if he marched with Martin Luther King or not but I doubt it. He does not seem to have what it takes to be a civil rights leader. He an't fight for civil rights when he always claims there are never any civil rights violations or racism in Paris Schools. Maybe he means he was present when King was marching and he ran along side the group. I live in Paris and Robert High and Marva Joe are jokes in the black community. Now let me address Phillip Hamilton. He is notorious for the temper tantrums he throws in the newspaper when people don't vote or think the way he wants. There are two black people on the city council, Mary Ann Fisher and Kevin Gray. He built them up at one point but when they didn't vote the way he wanted them to in recent elections, his newsaper said they were not even intelligent enough to make such decisions. The Paris News should have the sense to report both sides of a story rather than just make one-sided personal judgements. Paris is now famous for three things, infamous lynchings, the school going over to Dallas and running around waving the Nazi Flag at a football game(It ended up on CNN and David Letterman and even though they apologized publicly, The Paris News said it was no big deal and was just blown out of proportion because of the "old jewish community" where the game was played and they reported that it wasn't racist because in Paris the school had "a black waving the flag and no one complained". Now Paris has the Shaquanda Cotton story. This has the makings of a good movie.
Amazing.
NO ONE in Paris is claiming that whites are the only ones experiencing racism in Paris. To say that proves that you lack the ability to comprehend what you read (or that you are willing to lie about subject to advance your point of view).
To say that you doubt Robert High participated with Dr. King in civil rights protests seriously puts your credibility into question, as does not posting the whole article about the NAACP, because you've taken it out of context. They call for the timely release of Ms. Cotton after all of the facts of the case can be reviewed (which they state cannot happen yet).
Don't worry. I'll post the entire article here for you.
It's disgusting how willing you are to disparage any black member of the Paris community who doesn't label the judge, Paris ISD, the community, or anything else racist. You are so willing to disparage a person's character when they disagree with your point of view. What a shame.
Just FYI, the president of the Paris chapter of the NAACP, Dr. Joann Ondrovik, is white. The helicopter that was at Paris High was a news station, and not there because Paris ISD asked them to be there.
NAACP reviews Cotton situation
By Mary Madewell
The Paris News
Published March 25, 2007
The Paris Branch of the NAACP called for a timely release of Shaquanda Cotton from the Texas Youth Commission after a four-hour executive committee meeting Saturday.
The group also asked that an emergency item be placed on Monday night’s Paris City Council agenda to consider naming a diversity task force.
The group also called for an expedited appeal of the Cotton case by the Texarkana Court of Appeals in motions approved unanimously by nine board members at Saturday’s meeting.
Tensions have mounted here in recent days since a Chicago Tribune article appeared March 12 about the Cotton case.
Paris Mayor Richard Manning said late Saturday that he believes it “premature at this time to consider it.”
“I believe it is a good idea, but the council needs some time to make sure we can legally do this and then make sure we have the right people,” Manning said.
Following a three-day trial in March 2006, County Judge Chuck Superville gave Cotton an indeterminate sentence at Texas Youth Commission after a jury found that she committed assault causing bodily injury against a PISD teacher assistant.
On March 19, about 100 New Black Panther Party and Millions More Movement members and some Paris residents protested at Lamar County Courthouse and Paris Independent School District Administration Building.
NAACP president Joann Ondrovick said the group has spent more than 100 hours conducting court watch and witness interview on this case.
“The vote was unanimous after lengthy discussion and presentation of information gathered at the time of the trial and research the past week,” Ondrovick said of Saturday’s action.
Also by unanimous vote, the group made the following statement:
“The Paris Branch of the NAACP cannot proceed at the present time with the investigation into the matter of the Shaquanda Cotton case. There is critical confidential data, which has not been released and is necessary, under the NAACP protocol, in order to weigh the allegations of civil rights violations, prior to presenting a resolution.”
The statement continues: “These records are vital to a side-by-side comparison of data contained in the investigations from the Department of Education Civil Rights Division in order to reach any factual conclusions regarding discrimination or civil rights claims being advanced by Creola Cotton.”
Creola Cotton is the girl’s mother.
PISD was cleared of three earlier complaints by The Office for Civil Rights, but the district is still under investigation, according to Assistant Superintendent Robert High.
“They have come to the district and reviewed all records for a two-year period and conducted some interviews and are scheduled to return,” High said last week.
In making their appeal to Paris City Council, the Paris NAACP calls for “a Diversity Task Force (DTF), composed of 9-15 diverse and highly-motivated citizens to study, investigate and report on racism, prejudice and discrimination in the community.”
Issues to be studied include does racism exist and if so where and how is it expressed, according to a written statement. “What is the cause or history?” and “What means can be utilized to eliminate racism?” are questions proposed by the statement.
“The DTF should have a broad charge to investigate and collect data through hearings, town hall meetings, and any other means, then to regularly report the data in a useful manner, so as to work toward resolution of discrimination and racism in areas such as employment, housing, criminal justice, health and education,” the motion states.
“The DTF should process the data into strategies to solve the problems uncovered, and further provide leadership and encouragement to agencies and individuals to implement the strategies,” the statement concludes.
Members voting at Saturday’s meeting included Ondrovick, Thelma Dangerfield, Patsy Williams, Imogene Booker, Rexi Stamper, the Rev. C.H. Littlejohn, David Hamilton, Bob Bush and Rhonda Cobb.
We now know guards were raping and abusing the children in the facility where Superville sent the child yet he keeps on claiming he did the right thing in sending her there. Something is wrong with him.
How in the hell is it Superville's fault that there are abuses going on in TYC???????
I'd like to hear someone's opinion on the Shawn Williams article that I posted at 11:37 PM, since he's a black male that attended Paris High and currently has relatives in the PISD.
If you're having trouble comprehending what he has written, I'll help. He doesn't think the problem is Paris ISD. He thinks it's a parenting problem within the black community.
Judge Chuck Superville now knows that TYC is full of sexual and physical abuse but he still maintains it is the best place for Shaquanda Cotton. If you aren't able to comprehend what is wrong with that picture, thats your problem. Black parenting problems are no different from whites. Only a racist idiot would believe good parenting is determined by color. There is a new story in the Chicago Tribune regarding Shaquanda Cotton. I'm sure it will throw Paris News editor into a racist frenzy as usual. He will probably spend the entire weekend clicking away at the keyboard trying to think up some clever(in his mind)jibberish to print in his Confederate newspaper in an effort to attack a child.The entire world is watching Paris Texas. If this Shawn Williams thinks his mama and daddy were not able to parent him because they were black, thats a problem he will have to work out within his own family.
You obviously did not read Shawn William's article at all. He had ZERO problems at school, and was voted best male student by the MOSTLY WHITE teachers at PISD.
I guess since he's black and thinks that there is a parenting problem in the black community, that he's racist against blacks. Or perhaps you can label him a "sell-out negro". From here on, I will assume that when you label someone who is black a sell-out, what you really mean to say is that they are objective. I suppose that you would label Dr. Bill Cosby as a "sell-out" as well. He speaks often to the same problems in the black community that Mr. Williams is referring to.
I believe the main problem that he is referring to is the fact that roughly 40% of black children are raised in single-parent homes, whereas roughly 12% of white children are raised in single-parent homes. I'm not sure if you were a math major in college (did you attend college?), but there is a statistically significant difference between 40% and 12%. He also mentioned the very young age at which many black women (who are still children themselves) are becoming pregnant and having babies. There is nothing racist about pointing out FACTS that present a problem in the black community, as Mr. Williams did in his article.
Your logic is so flawed on the TYC abuse issue. You believe that because abuses are occurring at TYC (and they are reprehensible) that all of the youthful offenders should be set free. That is absurd. The way to solve the problem is to find those individuals responsible for the abuses and prosecute them to the fullest extent of the law, not set felons free.
I am fully capable of comprehending that, but if you aren't, as you so eloquently put it, that's your problem.
I agree with you that black parenting problems are no different than white parenting problems, but I suspect there is a larger prevalence of parenting problems in the black community, simply by virtue of the fact that the vast majority of sixteen year old single mothers are ill-equipped to be parents.
So the Paris News is a Confederate newspaper? That's amusing. You are really hurting your credibility. And thanks to internet blogs like this one, the entire world is free to watch.
"Nearly 90 percent of juveniles incarcerated inside Texas youth prisons were sent there on indeterminate sentences that could run as long as their 21st birthdays".
--- Howard Witt, Chicago Tribune
It seems as though Ms. Cotton's sentence was pretty much the norm for youthful offenders.
That damn sure hurts your case, that she was treated unfairly, now doesn't it?
Paris NAACP rep calls for task force
By Mary Madewell
The Paris News
Published March 27, 2007
The legal redress chairman of the Paris Branch of the NAACP asked Paris City Council Monday to form a diversity task force.
David Hamilton spoke during Citizens Forum at a meeting mainly devoted to interviewing city manager search teams and passing routine resolutions.
Hamilton asked council members to consider events surrounding the Shaquanda Cotton case as a separate matter from the request for a diversity task force.
“Her case is going to be decided either by the Texarkana Court of Appeals or by the Texas Youth Commission,” Hamilton said. “I expect that to happen very quickly.”
In relation to the Cotton case, Hamilton affirmed the NAACP chapter has acted consistent with its directives as “the voice of reason in this case.”
“Our directives are to get the facts or we don’t act,” Hamilton said. “Let me repeat — we get the facts or we don’t act.”
He said the local chapter has not authorized participation in any demonstration.
“The NAACP is 98 years old this year because it chooses to act and not to react,” Hamilton said. “We locals have spent over 100 hours of courtroom watch time and interviewing witness to ensure emotions and and opinions do not become facts.”
Hamilton reaffirmed the decision about the 15-year-old Paris student is in the hands of others outside the city.
“We in this room may not impact the appellate court; we may not impact the early release of that child from TYC, but we may make a difference in our city,” he said.
In appealing to council members, Hamilton said in his 20 years in the city he has found Paris to be “a proactive city.”
“We do things in this community because we know there is a need and not because someone comes in here and tells us we have to do it,” Hamilton said.
“We have citizens here who need to be heard,” Hamilton emphasized. “We have citizens who are wonderfully skilled at listening and who are wonderfully skilled at gathering information and who can communicate.”
Hamilton asked the council to consider using NAACP members as part of a diversity task force.
“Our request is that you recognize these needs and these skills and use our unique and varied talents to establish a diversity task force,” Hamilton said.
The speaker expressed confidence in the council.
“I know this council has demonstrated leadership in the past — it has come together,” Hamilton said. “We are asking that you demonstrate leadership again in the future. This is not a new thing — other cities have done it.”
In closing, Hamilton repeated the words of Dr. Martin Luther King Jr.
“We must learn to live together as brothers and sisters or surely we will perish as fools.”
Anyone who wants the most complete description of the events that occurred with Ms. Cotton, please listen to the interview that Allan Hubbard gave on blogtalkradio.com.
Here is the link:
http://www.blogtalkradio.com/hostpage.aspx?show_id=17780
The title of the segment is Shaquanda Cotton Part 3, and Allan Hubbard is listed in the description.
Article on The Drudge Report:
Uproar Over Texas Teen's Imprisonment
Email this Story
Mar 27, 9:20 PM (ET)
By PAUL J. WEBER
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DALLAS (AP) - A teenager has been jailed for more than a year for shoving a teacher's aide at her high school, a case that has sparked anger and heightened racial tensions in rural East Texas.
Shaquandra Cotton, who is black, claims the teacher's aide pushed her first and would not let her enter school before the morning bell in 2005. A jury convicted the 15-year-old girl in March 2006 on a felony count of shoving a public servant, who was not seriously injured.
The girl is in the Ron Jackson Correctional Complex in Brownwood, about 300 miles from her home in Paris. The facility is part of an embattled juvenile system that is the subject of state and federal investigations into allegations that staff members physically and sexually abused inmates.
Under the sentence handed down by Lamar County Judge Chuck Superville, she will remain at the facility until she meets state rehabilitation standards or reaches her 21st birthday.
But her family and civil rights activists say they want her home now. They are condemning the sentence as unusually harsh and say it shows a justice system that punishes young offenders differently, depending on their race.
Creola Cotton, Shaquandra's mother, and activists argue that while Superville sent Shaquandra to the state's juvenile prison system, he gave a white 14-year-old arsonist probation.
As many as 400 people marched and rallied in Paris on Tuesday, the second such protest in as many weeks by civil rights groups.
Meanwhile, the Paris school district fiercely denied claims of racism and chided the girl's mother for "playing a game" to start controversy.
Creola Cotton says her daughter received an unjust punishment for pushing the Paris High School employee. Her complaints have prompted federal civil rights investigations into the school district.
"My daughter has been (at Brownwood) a year now," Creola Cotton said. "It's time for her to come home."
In an interview with The Paris News, Superville said he chose the sentence because witnesses testified that placing Shaquandra back in her mother's care was not the best decision.
"If Shaquandra had been white, the outcome would have been the same," Superville said. "My decision was based on facts and law, and I am confident this was the correct decision based on the facts I was presented."
About 41 percent of students are black in Paris, a city of about 26,000 just south of the Oklahoma border. Fewer than 10 percent of the district's teachers are black, according to the most recent audit by the Texas Education Agency.
Dennis Eichelbaum, an attorney for the Paris school district, said the U.S. Department of Education's Office for Civil Rights has vindicated the district by finding no evidence of discrimination in three cases. Five other investigations remain open.
Creola Cotton is preventing the district from fairly defending itself by refusing to let the school district make her daughter's entire record public, Eichelbaum said.
"Mrs. Cotton has been wrongfully attacking the character of the district," Eichelbaum said. "She's being disingenuous with regard to her daughter being an innocent child."
Added Eichelbaum: "She's playing a game."
Prosecutors say they offered Shaquandra a plea agreement that would have reduced the felony charge to a misdemeanor and given her two years' probation. But Creola Cotton rejected the plea on behalf of her daughter, prosecutors said.
A spokesman for the U.S. Department of Education said the agency handled nearly 1,000 discrimination complaints last year.
It seems as though Ms. Cotton's sentence was pretty much the norm for youthful offenders.
That damn sure hurts your case, that she was treated unfairly, now doesn't it?
This assumes everyone who gets tried, gets convicted. The arsonist child should have gotten sent to jail until she was 21. The reckless driver with a lengthly record should be under the jail.
Don't any of you people have names?
"This assumes everyone who gets tried, gets convicted".
No, I was strictly referring to sentences.
The bottom line is the only reason that Ms. Cotton was on trial is because she assaulted an employee of the school, and the only reason she is in TYC instead of at home on informal probation (like the judge offered) is because her mother refused the offer.
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.
You will find these facts with additional comments at http://www.lamarcountyattorney.com/cotton.html
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