7th Grader Sentenced To 2 Years In Prison For Stabbing Classmate With Comb

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A Kenosha seventh-grader will spend two years in a Racine County girls' prison for stabbing a classmate in the heart with a comb.

How much time she spends behind bars after that could largely depend on her, Kenosha County Circuit Judge Anthony Milisauskas said Thursday.

Milisauskas said he would review the girl's case before she is released. Depending on her behavior in corrections, her prison stay could be extended every year until her 18th birthday.

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The child originally was charged in adult court with attempted murder for stabbing a classmate and former friend on Nov. 20, 2006, during an argument about prank phone calls. Under state law, any child age 10 or older charged with a homicide-related offense is automatically charged as an adult.

If she had been convicted as an adult, the girl could have served up to 45 years for attempted murder. Even the lesser charge she pleaded to carried a 15-year prison sentence, in an adult court.

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The victim, also 12, had a metal comb handle embedded four or five inches into her chest wall, including two inches in her heart. A 31-minute surgery with bolt cutters saved her life. She is expected to recover fully, but might need more surgery.

http://kenoshanews.com/articles/index.php?articleNum=537159

10 years or older?

I think these laws regarding when you're tried as an adult should have to gel with other established laws. So, if a 10 year old can be held as an adult for murder, then why can't they smoke & drink? Why isn't the age of consent 10? Why can't 10 year olds join the armed forces?

This is not a minor assualt, this is an assualt with a weapon. She seriously injured the other child.

She will end up in a program with kids her age-there are federal laws about incarcerating kids with adults, and few states violate them because if affects federal funding (although Florida is known for sticking 15 year old inmates in adult prisons). In Michigan, a kid that young would likely not even end up in a state facility, but would go to a private-run charity for delinquents(not a prison for profit). If she can't behave in that setting, she would end up eventually in the state facility.

I'll have to ask her for the inside story.