A Caledonia teenager could face felony charges after allegedly threatening and hitting another minor with a gun while recording a video that has since gone viral on Facebook.
In the video, the suspect, a 16-year-old white male, threatens the victim, a 13-year-old Black male, at gunpoint. The suspect points a gun at the victim and accuses him of talking to “his girl,” while using racial slurs and forcing him to do jumping jacks. The suspect appears to hit the victim on the head with the barrel of the gun before ordering him to run home.
Lowndes County sheriff’s deputies arrested the teenager Sunday and charged him with simple assault, a misdemeanor.
The victim’s mother, Joscia Shinn, told The Dispatch the misdemeanor was a “slap on the wrist.”
“There were so many other things that child could have been charged for,” Shinn said. “… He brandished a weapon and threatened my child’s life. … He threatened to come back to my house and harm me, harm my child if my son was to tell. That should have been a terroristic threat. He had a gun that was illegal that he was using … to hold him at gunpoint. He hit him with the same gun. That’s an unlawful carry.”
Sheriff Eddie Hawkins said the case was handled as a misdemeanor because there were no visible injuries on the victim, and the 13-year-old had not been to the hospital by the time of the arrest.
Sixteenth Circuit Court District Attorney Scott Colom said there are legal limitations that prevent local law enforcement from charging juveniles with felonies before a trial is held. Felony charges are issued only if the crime is one that carries a life sentence, like murder or armed robbery or committing a felony-level offense while using a firearm.
Colom said there’s still a chance the charge could be upgraded to aggravated assault, a felony, once a grand jury hears the case.
“The video is so disturbing that I could definitely see a grand jury saying, if (the victim) had any type of injury and the fact that a gun was used, that could be aggravated assault,” Colom said.
To prove aggravated assault, Colom said, there must be some evidence of bodily injury, whether that is a trip to the hospital, visible bruises, a concussion or even complaints of bodily pain. If evidence proving these circumstances is later brought before the grand jury, the simple assault charge could be upgraded to aggravated assault, Colom said.
“I can’t say 100% what a grand jury would do with the case,” Colom said. “My job isn’t to tell the grand jury what to do. My job is to give them the facts, give them the law and let them make the decision.”
Colom said the suspect is also facing a separate pending felony investigation. Both cases will be brought before a grand jury in the fall, he said.
Currently, the case is being handled in youth court, Hawkins said.
‘Our children get felonies. … They’re trying to save him …’
Shinn told The Dispatch her son suffered from headaches in the days following the assault and was later taken to the hospital for evaluation. The video was taken in Shinn’s driveway while she was at work.
He’s been traumatized since it happened, she said.
“He really can’t process what happened,” Shinn said. “He doesn’t even really know how to feel. … I have to give my child a counselor. … We’re going to work on family counseling because it’s been a lot of all of us. To have the thought of just coming home to my child in my yard … I just can’t get it out of my head.”
Shinn said she believes the suspect should face further charges.
“I would like his charges to be upgraded to a felony, and I would like him to go to adult jail … so that he can see that this is not a game,” Shinn said. “This is for real. They don’t mind doing it to our kids. … Our children get felonies. They get prevented from being able to get good jobs and a good education. They’re trying to save him from having to do this … too.”
Shinn’s family is organizing a demonstration to protest against racial inequalities in the justice system.
“I want equality,” Shinn said. “The law should be the same for everybody, regardless of your color. They cannot pick and choose when they feel to abide by the law. Everybody should be treated the same. … It has to stop.”
The protest will be held at 1 p.m. Saturday at the Lowndes County Justice Court.
Suspect’s family speaks out
The suspect’s mother, Brittney Rager, told The Dispatch she had no knowledge of the altercation until the video was sent to her.
“I just want the (victim’s) family to know that it’s not like we’re keeping (the 16-year-old) from getting in trouble,” Rager said. “When we found out what happened, the first thing we did was call the police and have them come arrest him. … We found the gun when we searched our home and we turned it over to the police.”
Rager said her son is still being held in the Lowndes County Juvenile Detention Center.
“The attorney asked … if he could come home, would that be something we wanted,” Rager told The Dispatch on Wednesday. “And we told them no, that he was not ready.”
“I just want to apologize to the family for everything that’s happened,” Rager added.
Colom said the best way to handle the conflict is to let the process play out, rather than having people take matters into their own hands.
“We have to not let this short-term conflict get worse,” Colom said. “Be patient (and) let the process play out. … None of these cases are resolved overnight. It’s not possible. … Often what we have is the conflict is not resolved, they don’t trust the legal system, … so they end up taking it into their own hands, and that makes matters worse. So let’s not do that. If you want to state your opinion on social media, … if you want to protest, keep it peaceful and we have no problem.”
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Quality, in-depth journalism is essential to a healthy community. The Dispatch brings you the most complete reporting and insightful commentary in the Golden Triangle, but we need your help to continue our efforts. In the past week, our reporters have posted 36 articles to cdispatch.com. Please consider subscribing to our website for only $2.30 per week to help support local journalism and our community.
