Police Decline to File Charges Against 5-Year-Old Who Brought Gun to School
A minor modicum of mercy
Memphis police say no charges will be filed against a kindergartener after a gun discharged inside the child's backpack in a school cafeteria.
Police spokeswoman Karen Rudolph says the 5-year-old student and the child's mother were released from custody Thursday night, hours after the kindergartner was detained by police at Westside Elementary School.
Officials say the child was waiting for the opening bell in the cafeteria when the gun went off. No one was hurt, and security officers took control of the backpack.
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Under common law, there is an irrebuttable presumption that a child younger than seven is incapable of mens rea for commission of a crime. So the cops might well have charged him if they thought they could.