CHECOTAH, Okla. — This summer, a 13-year-old boy in Checotah was court-ordered to be supervised by his mom at all times. It’s part of his bond condition.
The soon-to-be eighth grader is facing a year in juvenile detention. He’s accused of damaging a laptop.
WATCH: Checotah preteen faces 1 year in detention for Tiktok pencil trend
His mom, Jasmine Carriker, thinks the charges are really aimed at her and documents point to that, as well.
Carriker moved her family to Checotah last year.
“Why do I stay here? Now, I have to because I’m not leaving just because I know my rights and someone doesn’t like me,” she said.
She said her son had trivial discipline issues at the beginning of the year, like over-sharpening his pencil. She said he has no criminal activity attached to him until now.
In May, a Checotah police officer accused him of an incident similar to a trend popular on TikTok at the time — sticking a pencil into a Chromebook, to see if it would smoke, spark, or light on fire.
According to the police incident report, one student reported seeing the smoke. The officer wrote that the boy's “intention” was a “direct and immediate threat to the safety of students.”
It also says the Chromebook was not permanently damaged.
“No adult witnesses. Only a child. No emergency services called. No calls to me. And, he was sent home with that laptop,” said Carriker.
Carriker said she didn’t know a thing about the incident until the next day. That’s when she got a call from the police officer asking her to come to the police station.
Because the officer would not tell her why, she refused without an attorney.
Checotah police would not talk to 2 News on camera, but we did go into their office for an off-camera conversation. They brought in the school officer, Officer Goad, who admitted he does not often tell parents why he is calling them, because he does not like to deliver bad news over the phone.
He said he thought they could have a simple conversation, but things changed when she wanted the attorney.
Carriker said, after that, she could not find out any information.
”Because we weren’t ‘cooperating’ by retaining counsel they’re not going to tell us what the charge was? We didn’t even know what the charge was until we showed up.. for our court date,” she said.
In this obtained letter from the Office of Juvenile Affairs to the McIntosh County District Attorney’s Office, it states, by Sandi Guess, “due to the juvenile’s mother not wanting to cooperate with the D.A.’s requirements, it is recommended that a petition be filed for one count” of malicious injury to property.
The OJA, by design, was created as a result of a lawsuit and intended to keep kids out of detention. It’s mission is “to create pathways for success through prevention and treatment.”
When 2 News asked what their role is in recommending criminal charges to district attorneys in Oklahoma, they would not answer that question. Instead, responded, as the agency typically does, that it does not comment on cases. The question was on procedure.
“I feel like it’s a power and control thing, and I feel like we are being punished for knowing our rights,” she said.
Carriker wants her son’s case dismissed. Or, moved. That’s another thing. Her son is tribal and she doesn’t think the state has the right to prosecute.
2 News also reached the Superintendent Monte Madewell by phone, and asked why this was not simply a disciplinary case and handled through the school. He said he relies on Officer Goad to determine crimes.
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