CLEVELAND — It’s a case that has left people across Ohio shocked and questioning how something like this could happen.
A 5-year-old girl was allegedly assaulted by other children, and now a 9-year-old and a 10-year-old are facing serious charges, including attempted murder, rape and kidnapping. The case has sparked calls for changes to the juvenile justice system.
What Ebony Spano, the CEO and founder of GROW (Growing Right Over Wealth, saw what happened to Antavia Kennibrew’s daughter, she decided to take action.
“It was heart-wrenching. This is a horrible, horrible story any mother, every mother, should be upset and outraged,” said Spano.
She started a change.org petition.
“For this petition, I want to change the law. I want to hold children accountable who do wrong things,” said Spano.
Under current Ohio law, children under 14 cannot be tried as adults, and some counties opt not to pursue delinquency cases against children younger than 12.
Spano hopes to close what she describes as a “legal loophole” that, in her view, leaves young offenders without accountability or support.
She started an online petition calling for mandatory psychological evaluations for children under 12 convicted of committing a violent crime, to determine the appropriate next steps: intensive therapy, family intervention, or, in the most severe cases, placement in a juvenile facility focused on treatment and safety.
“Yes, early intervention, and we have to hold these parents accountable for these children,” said Spano.
To understand how cases like this are prosecuted, we spoke with Michael Benza, a professor of practice at Case Western Reserve University School of Law, who said that the age of the children presents major challenges in prosecution.
“Are these children competent to go through what is, in effect, a criminal trial in the juvenile court? Do they understand what their rights are?” asked Benza.
Another challenge is proving whether the children even understood what they were doing.
“I don't know what the juvenile court would do if the defense makes that argument that they were not capable of committing the crime because of their age, they could not understand, really, what they were doing,” said Benza.
Benza said juvenile courts can still act, focusing not just on punishment, but also on getting the children help.
“So the court, if it stops thinking about it as a criminal case and thinks about it more as a safety and welfare of the child case, then the court has other types of options. There could be placement in a rehabilitation facility or mental health care facility,” said Benza.
He believes interventions like the ones Spano is calling for already exist to some degree through social and child protective services.
“The real problem is that we tend to be reactive in the justice system, instead of proactive,” said Benza.
That’s why Spano is pushing for change.
“It should be mandatory that if a child creates a heinous act like this one, they should be in custody to have a psychological evaluation immediately,” said Spano.
Her petition has already topped 80,000 signatures — she's aiming for 100,000, with the goal of not only holding these kids accountable but also getting them the help they need.
“What would you do if it was your child that was attacked? What would you do,” said Spano.
Watch Nadeen Abusada's interview with the 5-year-old girl's mother:
RELATED: Mother seeks justice after 5-year-old daughter allegedly beaten, sexually abused
