To: Grainne who wrote (17004 ) 1/26/1998 1:43:00 AM From: Krowbar Read Replies (1) | Respond to of 108807
17-year-old parolee jailed for smoking By JAMES A. SUYDAM Staff Writer TYC officials report incident to police as drug violation A 17-year-old Corpus Christi juvenile parolee was jailed Saturday for smoking a cigarette, said police officers who were summoned to enforce the state's new prohibition against tobacco use by minors. The teen-ager was caught smoking in a boys' restroom at a Texas Youth Commission halfway house, according to police reports. Halfway house staff reported the incident to police as a drug violation, a police captain said. The teen-ager was arrested Saturday and taken to Nueces County Jail after TYC officials revoked his parole for the Class C misdemeanor violation. Police were called to York House TYC halfway house, 4926 Greenwood Drive, shortly before 5 p.m. ''because they'd found somebody at the halfway house with drugs,'' Corpus Christi police Capt. Gene Frobish said. According to police reports, the boy was caught by a staff member in a boys restroom with a cigarette. The boy flushed the cigarette down the toilet, York House weekend coordinator Homer Gonzales told the arresting officer. Frobish said the TYC officials were insistent that the boy be arrested. ''They wanted us to arrest him because he was 17,'' Frobish said. ''When we told him we wouldn't, that we generally just issue citations for things like this, they went ahead and wrote up the paperwork to revoke his parole right then and there.'' Frobish said TYC officials told the arresting officers that the teen was the third one at the facility whose probation had been revoked for smoking. ''They were real proud of it,'' said Frobish, who smokes. Gonzales said the boy was arrested for an in-house rules violation. ''Actually, I think the whole thing was misconstrued,'' he said. ''It has nothing to do with parole. It has to do with in-house rule violation. This young man, you know, was violating one of our rules and that's what happened.'' The boy will remain in the county jail until a parole revocation hearing, at which point he will likely be sent back to a TYC lockup. Gonzales deferred questions about the incident to York House Superintendent Bart Caldwell, who was unavailable to comment late Saturday. Gonzales said Caldwell would comment about the incident only after receiving permission from his superiors. Joe Alley, first assistant chief juvenile probation officer for Nueces County, said he had never heard of a teen-ager being arrested for smoking a cigarette. ''That's a weird case,'' Alley said. ''It sounds like they were just waiting to get something on this guy. He was probably giving them a bunch of grief, and so they figured out this would be the way to put him in the county jail, I guess.'' Since September, it has been a misdemeanor offense for anyone under 18 in Texas to purchase, possess or consume tobacco. Violations are punishable by a fine of up to $250 and a possible suspension of a driver's license for up to six months. Minors can purchase, smoke or chew tobacco only with an adult parent, guardian or spouse. Frobish said that this case, however, is a misuse of the existing law. ''Nobody ever intended to send a kid to jail for smoking a cigarette,'' he said. Frobish said the law, used properly, has had good effects. Officers with the Juvenile Enforcement Team, for example, regularly use the law as probable cause for stopping and questioning potential gang members, he said. The House and Senate sponsors of the new tobacco law, Rep. Hugo Berlanga, D-Corpus Christi, and Sen. J...caller.com Note: This was in Sunday's paper. The URL may show a different edition, but there will probably be a follow-up story Monday. Now we can talk about something besides Willie wettin' his weenie. Del