Demand Florida to Stop Direct Filing Mentally Ill and Traumatic Brain Injured Children

Chris was diagnosed with ADHD as a young child and later with suicidal tendencies. In March of 2017 at the age of 16 he was hit by a car while riding his 3-wheeler. Chris was flipped 3 times in the air and landed on his head; he was not wearing a helmet. He was in a coma and rushed to Lee Memorial hospital, after a few hours there he was sent to Tampa General Hospital. At Tampa General he remained in a coma and put on Life support. Chris underwent several surgeries. At times the doctors didn't expect him to make it through the night.

Through tears, prayers from many people across the USA and faith in God, Chris survived and came back to us. However, the Chris that returned was not the same Chris that we all knew and loved. Chris could not think before speaking, he would say whatever came to his mind, things he would never say before. I asked the doctor about this and was told, it was going to take some time for his personality to return, it could take a year or more for his brain to heal and that this was normal for him to act different.

"Direct File occurs when a state has given the prosecutor power to file charges against a juvenile directly in adult criminal court. When a prosecutor exercises their discretion by choosing to file directly to adult criminal court, they effectively override any juvenile or family court jurisdiction over a case. Direct file allows the prosecutor to hold all of the power in determining where to bring charges and what type of sentence a youth may receive if convicted "http://www.campaignforyouthjustice.org/news/blog/tag/Direct%20File The Detriments of Direct File Brittany Harwell, CFYJ Policy Fellow Wednesday, 10 February 2016 Posted in 2016, Research & Policy Brittany Harwell, CFYJ Policy Fellow

"Minority youth are adversely affected by Florida's direct file statutes at an alarmingly higher rate than white youth. Black boys make up 27.2% of children arrested for crimes in Florida, while white boys make up 28% of children arrested for crime. Although those figures are close, the disparity lies in the fact that 51.4% of those same black boys are sent to adult court, whereas only 24.4% of the same white boys are sent to adult court". Florida's Direct File Harms Youth, Submitted by Patrice Garnette https://jointcenter.org/blog/florida%E2%80%99s-direct-file-harms-youth
With the right treatment and rehabilitation, I believe Chris can accomplish his goals.

Meanwhile he is sitting in jail, not even being able to recognize his own face in the mirror, suffering with delusions, voices in his head, hyperactivity, depression, anxiety. frustration, anger and thoughts of suicide.

With the headaches, also came, anger, frustration, helplessness, depression, he would threaten to kill himself, his mother or sister, he began to curse at them, something he had never done before. Sometimes he remembered, sometimes he didn't remember doing or saying these things. We saw the hurt and confusion on his face, he would always apologize. He once told me he believed he had a demon in him, because he had no control of these actions. He didn't understand that his brain was injured and caused these emotions and actions. The accident messed up his plans, his brain would not let him accomplish his goals. The three traumatic brain injuries, surgeries on his brain, along with the ADHD, depression and suicidal thoughts caused Chris to speak and act more on impulse than using common sense.

Chris began getting arrested and sent to the juvenile detention center. He would be in for 21 days and a day or few days later he would be back in detention center again.

Chris had been in trouble before the accident; however, he had got on the right track. He was ashamed and sorry for his involvement and he was doing all he could to prove and show others that he was a better person. Chris was doing well in school, he had plans and goals, he was looking for a job. He was on a local basketball team, he played basketball after school and on the weekends.

In What Way can Florida correct this problem?
Every child charged with a crime should at least get a hearing before being taken out of juvenile court and prosecuted in adult court. Prosecutors should stop the routine of direct file for children under 18. And the Florida legislature should pass legislation demanding that all decisions to transfer children to the adult system be made by a judge based on testimony and evidence presented in a hearing, with a new presumption included in the law that children should remain in the juvenile system.

Chris and others like him deserved to have, had this decision made by a judge, he should have been allowed a lawyer, he should have been allowed to have his medical condition reviewed, also he should have been allowed to present witness, such as his teachers, doctor's report and testimony from his family and those that knew him before and after his accident.