California rock-throwing case resolved

FRESNO, Calif. — An 11-year-old girl who threw a rock at a boy during a water-balloon fight escaped jail time yesterday on a felony charge of assault with a deadly weapon after lawyers worked out a deal in the emotionally charged case.

Maribel Cuevas was ordered to meet with her young victim and talk about the fight under the deal, reached on the same day she was to stand trial in juvenile court.

Under the deal, she did not have to plead guilty, and the charges will be dismissed if she stays in school and keeps out of trouble. She had faced a maximum of four years in custody.

Maribel spent five days in juvenile hall and a month under house arrest after throwing a 2-pound rock at 8-year-old Elijah Vang, cutting his forehead after he pelted her with a water balloon in April. The gash required Elijah to receive stitches.

Police responded with three cars while a helicopter hovered overhead, and said they arrested Maribel for resisting arrest and scratching an officer's arm. Police described the rock as "jagged" and measuring 5.5 inches by 3.75 inches.

Top brass on the force defended the response, but others took up Maribel's cause, saying it was no way to treat a childish crime. Supporters gathered outside the court, chanting "Free Maribel," and singing "We Shall Overcome."

Maribel's father, Martin Cuevas, said after the proceeding that his daughter was not a criminal and had acted in self-defense.

"I think everything will be fine," he said in Spanish. "This way she'll be able to stay with my wife and me and go to school normally."

Elijah's family, which has moved away, declined to press charges, but was prepared to testify for the prosecution.

Chief Deputy District Attorney Michelle Griggs said her office decided to proceed without a trial because of the girl's age and because the Vang family wanted the matter resolved so they can return to their neighborhood "in a way that is safe so all these children can coexist together."

Fresno Police Chief Jerry Dyer said he stood by the actions of his officers.

"It has always been our intention to ensure that the right thing is done. The right thing is not always the popular thing," he said.

"If we truly love our children we need to hold them accountable," he said.

Material from the Los Angeles Times is included in this report