Boy convicted of a misdemeanor for some inappropriate horseplay refuses to write a letter admitting criminal intent

GOLD HILL — A teen will spend four days in juvenile detention for refusing to write a letter acknowledging "criminal thought processes" for what he says was an act of horseplay.

David Thumler, 16, was convicted of offensive physical touching in July 2005 for pinching and twisting the nipple of another male teen while the pair were in line at a local deli.

Thumler’s act amounted to a painful, humiliating assault by an older bully, said the victim’s parents. They called Gold Hill police.

Thumler, a sophomore at Crater High School and son of Christine Alford and Donald Thumler of Gold Hill, was ultimately found guilty in Jackson County Juvenile Court of a Class B misdemeanor.

Thumler has since paid a $67 fine, served three days of community service and now has a juvenile record for harassment, he said.

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"I emptied trash cans, mowed lawns and shoveled gravel," said Thumler.

But Thumler’s refusal to comply with the final piece of his sentence — writing an acceptable clarification letter — will cost him four days in detention, he said.

Thumler was required to write the letter during four classes put on by Mediation Works. Mary Miller, executive director of Mediation Works, which operates the victim-offender program for Jackson County Community Justice, said the purpose of the letter is to prepare teens to be accountable for their offenses, she said.

"They don’t have to apologize," said Miller. "But they are required to be accountable."

The offender is required to describe the act in detail, explain "thinking errors," "express empathy" and describe any resultant life changes.

The clarification letter instructions states, "You will need to redo the letter as many times as necessary to create a responsible and complete letter."

"(Thumler) was told he did not meet the accountability criteria for the letter," said Miller.

Thumler said he presented a rough draft of his letter in the third session. But when program coordinator Julie Sacco told him he needed to describe his "criminal thought processes," Thumler balked.

That would imply malicious or criminal intent, he said.

"None of that applied to my feelings or actions," said Thumler.

Thumler regrets his actions caused his former friend any physical or emotional pain, he said. But to include language that indicated malice would mean he’d lied in court when he stated he considered the victim to be a friend at the time of the incident, he said.

"It was a matter of conscience," said Thumler, adding he’ll serve the detention time ordered by Juvenile Court Judge Lorenzo Mejia. "I figure the worst is already over," said Thumler. "They threw my rights back in my face in court. Curtailing me physically isn’t as bad."

Thumler’s coming detention was determined by the courts, not the mediation program, Miller said. The program is "often a very, very healing experience between the victim and youth offender," she said.

Ken Chapman, a Community Justice juvenile probation supervisor, verified Thumler’s sentence.

"The judge found a willful violation of the court order," said Chapman.

Chapman said Thumler has had legal representation throughout the court process.

ORS 166.065 defines physical harassment as "offensive physical touching," said Chapman.

Other adolescent assaults — known in the common vernacular as "wet-willies," "wedgies," "swirlies" and "noogies" — also could result in court action if resolution cannot be made between the victim and offender.

"We offered alternatives to going to court," said Chapman. "(Thumler) violated the court order. And he was sentenced."

Reach reporter Sanne Specht at 776-4497 or e-mail sspecht@mailtribune.com.