BRIGHAM CITY -- A group of protesters marched peacefully on the lawn of the Box Elder County Courthouse this week after obtaining information that two boys accused of molesting a 15-year-old boy afflicted with Down syndrome might receive a plea bargain.
Connie Wolf, a mother of a Down syndrome child, organized the four-hour protest Tuesday in conjunction with the Utah Down Syndrome Foundation."We're all scared this could be our child," Wolf told the Deseret News after the protest. "Just because the victim is a Down syndrome boy doesn't mean (the suspects) should be able to walk away."
Prosecutors, however, told the group no plea bargain was planned.
Brigham City police reports indicated that the two boys accused of assault were assigned by a Box Elder Middle School gym teacher to help the victim get dressed after a swimming class. When everyone left the pool area, the two other boys locked the door and the trio allegedly engaged in sexual activity. When the three boys didn't return in a timely fashion, the gym teacher went back to the pool and found the door locked. The teacher broke through the door and witnessed some sexual activity, the report stated.
Box Elder County Attorney Jon Bunderson told the Deseret News in March that lawyers for one accused boy believe their client is not mentally fit for trial. That boy is undergoing a psychological evaluation that won't be completed for another month.
The other boy, who is being tried separately, pleaded not guilty when he was arraigned March 8.
In addition to the pending criminal cases, the victim's father has hired an attorney and is considering civil action against the school. The father said he hopes the incident is "a wake-up call for the school" and said he blames the administration for not appropriately supervising his child. Wolf said the school has not properly responded to the incident and has only reacted by sending fliers home notifying parents of the situation.
Efforts to contact school administrators were unsuccessful.
Juvenile proceedings are closed to the media, but Bunderson had previously stated the two boys were facing charges that would amount to first-degree felonies in adult court. Wolf said prosecutors outside the courthouse indicated there was no plea deal and that the two boys would be fully adjudicated. The victim's father, who is able to attend the juvenile court proceedings, said the boys are charged with aggravated assault, sodomy and kidnapping.
The two boys have been incarcerated in a juvenile detention center since the Feb. 29 incident. Wolf said she believes her group got their message out Tuesday and doesn't plan any further protest.
Meanwhile, the victim is slowly recovering from the attack and is in therapy at school.
"He was real shy and drawn back at first, but he's doing all right. . . . He feels he did something wrong, but we've tried to explain it's not his fault," his father said.