The Union County Juvenile Court is in the process of considering what to do with a group of boys accused of stealing political signs supporting presidential candidate Joe Biden.
Union County Prosecutor Dave Phillips said he has given the information to the court for consideration.
“Charges were presented to the court,” Phillips said.
On Sept. 20, Marysville Division of Police received multiple reports of campaign signs being stolen from homes in Marysville.
On Monday, Sept. 21, the investigation took a turn when a video began to circulate on a variety of social media outlets.
The video shows someone with more than a half dozen candidate yard signs with a vulgar caption about one of the candidates. The post also tags several other people.
Phillips said his office is petitioning to have charges, that if the defendants were adults, would be considered criminal mischief.
“Marysville Police did an investigation,” Phillips said. “We felt criminal mischief was the appropriate charge.”
The prosecutor added, “It’s not like they were stealing them for their own use.”
Phillips said the adult criminal court and the juvenile criminal court are quite different.
The prosecutor explained that unlike adult court, where the state can simply charge a defendant, in juvenile court, the prosecution presents a petition for charges to the court which decides what to do. The court can decide to move forward with the petition for charges or to enter the child into a diversion program.
“That is not atypical,” Phillips said. “That is the typical process the court goes through.”
Phillips said the court will consider the crime and any potential criminal history the defendant may have.
“It’s really the court’s discretion to go through the diversion program,” Philips said.
Once a child is in the program, the judge has “greater latitude” in how to resolve the case. Phillips said the judge can “issue whatever remedy it deems appropriate to resolve that diversion,” noting the judge can order the child to do community service, to go through an education program, to pay restitution or even issue an apology.
“In juvenile court, it is much more about what is in the best interest of the juvenile,” Phillips said. “It is a court that focuses on rehabilitation rather than punishment.”
Additionally, a diversion program keeps a criminal decision from appearing on a child’s record.
If the petition moves forward and charges are brought, the child could face more traditional punishments. In adult court if the defendant is found guilty, they are “convicted.” In juvenile court the child is found guilty, they are adjudicated “delinquent.”
Because the defendants are juveniles, the Journal-Tribune has chosen not to list their names.