My NC resident, black, poor, mentally disabled, 17 year old nephew was arrested and charged for social media communications (cyber-stalking, false report re a school bomb threat) in a school chat room, for which the "school" indicated that they have "no" evidence or proof that "he" did these crimes. My nephew is intellectually "simple," and has no prior criminal record.
According to a 2014 law symposium, this is a often common place occurrence with the most vulnerable of our population, poor, minority, disabled, etc. I now understand this more clearly.
A) He was the subject of "bullying" at a high crime/violent act school, where months later another 17 year old committed suicide seeing no way of escaping it. He was set up by gang members, who in the school chat room admitted that they had stolen the phone numbers & other info on his phone, created fake id's and accounts. The gang member also threatened with death and rape, those other students who could identify them.
We have "substantial" proof: A) of my nephew's historical mental disability since birth, B) that due to his "low" IQ, that he does not have the ability or comprehension to write at the level that the gang members did, C) the time period of the "felony charged incidents" occurred when his phone had been confiscated by his mother, and he had NO internet, phone, or social media communication access, D) the testimony
of those who used his "alias" clearly indicate that they were the culprit, and E) testimony by the school during his suspension meeting that they had NO PROOF that he wrote the communications.
How is it possible that these charges were even allowed? How do we get these charges dropped?