Spitball Could Land Boy in Prison
Thu May 16, 7:50 AM ET

SAN FRANCISCO (Reuters) - An errant spitball that put a fellow student in the hospital with an eye injury could land a 13-year-old California boy in juvenile prison for up to eight years on two felony convictions.

"I feel bad about it, and I'm sorry," Jeffrey Figueroa told the San Francisco Chronicle, which on Wednesday reported his run-in with the law.

Figueroa has admitted that he shot the spitball -- a gum wrapper moistened with saliva -- on the first day of school last September at a middle school in the San Francisco suburb of Walnut Creek, California.

Jeffrey said he was not aiming at anybody in particular. But the spitball hit a 14-year-old boy in the right eye, requiring a trip to the hospital and surgery.

Jeffrey and his 14-year-old brother Stephen, who allegedly urged Jeffrey to fire the spitball, both were charged with battery causing serious bodily injury, assault with a deadly weapon, assault by force likely to produce great bodily injury, and mayhem.

Last Tuesday, Contra Costa County Superior Court Judge Araceli Ramirez found Jeffrey guilty of battery causing serious bodily injury and mayhem, both felonies. His brother was found guilty on a lesser charge.

The Chronicle said that Jeffrey, who has had two heart surgeries and has Attention Deficit Disorder, now faces a sentence of up to eight years in a California Youth Authority prison when he is sentenced next month.

"What we have is an unfortunate accident with injury to a child, but what one time had been horseplay has now been, by the D.A. (district attorney), elevated to felony status, just on the basis of the unfortunate outcome of an accidental act," said attorney Marek Reavis, who is representing Stephen Figueroa.

The district attorney's office declined to comment on the Figueroa case on Wednesday, saying that because it dealt with juveniles the court records had been sealed.

But Jeffrey Figueroa's mother, Yvette, told the Chronicle her son's possible prison term came as a shock.

"All along we've had a lot of confidence that the judicial system would actually prove that Jeffrey and Stephen were innocent in this," she said. "We're totally in shock that they've been overcharged for something that was a terrible accident."

Spitball Felon, 13, Avoids 8-Year Jail Sentence
Fri Jun 7, 9:56 AM ET

WALNUT CREEK (Reuters) - A 13-year-old California boy who was facing a possible eight years in juvenile prison for a spitball attack on a fellow student was given a much lighter sentence on Thursday -- although he will still log some time behind bars.

Jeffrey Figueroa, who made national headlines after he was convicted of two felonies for injuring a 14-year-old boy with the speedy spitball, was ordered to spend a spend a total of one week in juvenile detention -- logged on weekends -- in a case that his lawyer said showed prosecutors intent on "criminalizing childhood behavior."

"These kids aren't going to get into any trouble. We're going to keep them in the house," Jeffrey's father, Steve Figueroa, told reporters after the hearing, which also saw Jeffrey's 14-year-old brother given a slightly lesser sentence for egging Jeffrey on in the spitball incident.

In addition to their time in juvenile detention, both boys were ordered to attend anger management classes, told to obey a 7 p.m. curfew as part of home probation and instructed to undergo counseling.

They will both also be required to perform up to 150 hours of community service at a local eye bank.

Figueroa admitted that he shot the spitball -- a gum wrapper moistened with saliva -- on the first day of school last September at a middle school in the San Francisco suburb of Walnut Creek, California.

While Figueroa said he was not aiming at anybody in particular, the spitball hit a 14-year-old boy in the right eye, requiring a trip to the hospital and surgery.

Last month Contra Costa County Superior Court Judge Araceli Ramirez found Jeffrey guilty of battery causing serious bodily injury and mayhem, both felonies. His brother was found guilty on a lesser charge.

Numerous neighbors testified at Thursday's sentencing hearing, saying the boys frequently ran wild in the neighborhood and at times appeared threatening.

Ramirez, while declining to throw the book at the boys, did have sharp words for both the young men and their parents, saying they had been "in denial" about their sons' behavior.

Figueroa's lawyer, Caren Johnson, criticized Contra Costa County District Attorney Robert Burke as overreacting to the case, saying prosecutors were intent on "criminalizing childhood behavior."

"I've got little boys. They've got swords, they whack each other with swords. What if they whack a neighbor kid with a sword. Is Burke going to charge my little 5-year-old with battery?" she said.

But the principal investigator for the district attorney's office testified that both boys were frequently out of control and needed to be taught a lesson.

"Normal boy activity is responsible and does responsible things," said investigator Mark Ernst.

"Occasionally they may do something that they shouldn't do, but they generally respect authority, respect adult figures and correct their behavior."

Burke, speaking after the sentencing, said he was fairly satisfied with the sentence but that Jeffrey Figueroa's spitball victim was still being treated for damage to his eye.

"I couldn't replace that young man's eye, and that's what we'd all like to have happen. So I guess you never feel like you've done everything you could do," Burke said.