David Fernandes was 15 years old at the time of this incident. Basically, he videotaped his friend beating up another student. David didn't lay a finger on the other kid. It does appear as though he was sort of "cheering" on his friend while this was taking place, but again, he never once touched the victim. The victim was fine and was cleared to play football that same week.
One hour after the incident happened, the principal of the school called David's family to tell them what had happened. David immediately told them what happened and handed over the video. There was a police officer at the school who later testified that he did not arrest David because he did not see a crime that was committed by David.
Some time later, David was arrested. His case was immediately moved up to adult court without due process. He was found guilty in adult court of Second Degree Accessory to Assault. He was sentenced to 1 year jail time in adult prison. (15 years old).
The case was appealed, and David won the appeal by unanimous decision. However, the appeal was later overturned by the Supreme Court of Connecticut. David is now 20 years old and is now serving time in prison.
Now, Like I said, David was no angel. He made a stupid 15 year old mistake. But it is very obvious that the penalty doesn't fit the crime here.
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