Should police interrogate children? Proposed bill would allow parent to be present

Nicole Alexander's son faced police interrogation at Black Fox Elementary without her consent before his false arrest in 2016. Proposed legislation could change all that.

A Murfreesboro Police Department officer questioned her then 10-year-old son, Wild Fire, during a school day prior MPD arresting him at his home as one of 10 children charged with criminal responsibility related to fighting without any serious injuries on neighborhood yards. The arrests that included handcuffing children at Hobgood Elementary captured national attention before the charges that led to lawsuits were all dismissed.

"He stayed in juvenile detention for three days for that," said Alexander, who found out about her son being questioned when he came home from Black Fox Elementary. "I don’t understand how they can take a child without their parent's consent, and we have no knowledge of it. I was very angry."

Alexander supports proposed legislation by state Rep. Mike Sparks, R-Smyrna, that would allow parents or their attorney to be present when police interrogate a child through an interview that must be video recorded.

Sparks attempted to pass a similar bill in 2016 before Murfreesboro police charged Alexander's son and the other children involved with the neighborhood scuffle. The fight in question that was recorded on video and shared on social media showed two smaller children shoving an unfazed larger child walking away.

The arrests also sparked a class-action federal lawsuit and a court ruling in 2017 ordering Rutherford County Juvenile Detention Center, former Juvenile Court Judge Donna Scott Davenport and law enforcement officers to stop detaining and incarcerating children on minor misdemeanor charges in violation of state law. The litigation included a $5.1 million adjusted settlement to plaintiffs who filed claims for a portion of an initial $11 million agreement in 2021.

Leaders warned prior to lawsuits:Rutherford County officials rejected 2004 study showing they jailed too many children

Rep. Sparks: 'We all deserve due process'

Sparks said the lawsuit costs to taxpayers could have been prevented had his legislation been approved prior to the 2016 arrests of the 10 children in Murfreesboro.

"We all deserve due process," Sparks said. "The Constitution is the basis for civil liberties. We should all care about freedom."

Sparks said he does support exceptions for emergencies while keeping parents informed, such as school resource officers questioning students about a gun on campus.

"If there’s a threat on school, they should notify the parents," Sparks said.

A timeline:Rutherford County's history of illegally arresting and jailing minors

Children in scuffle settle differences prior to arrests

The children involved in the scuffle in 2016 moved past their fighting on neighborhood yards and were playing basketball the next day prior to being arrested by police, Alexander confirmed.

About a week before police apprehended and handcuffed 10 children, police interrogated her son without her consent and falsely arrested him on a rape charge that also led to him spending three days in incarceration.

Both arrests ended up being dismissed and expunged, Alexander said.

The mother said parents should be present when police interrogate children "because kids get taken advantage of."

Juvenile justice:5 things to know about Rutherford County's troubled history of arresting and jailing kids

What other lawmakers say about juvenile justice

The legislation proposed to allow parents or their attorney to be present for police interrogation of child has support from state Rep. Vincent Dixie, D-Nashville.

"I don’t think any kid should talk to police by themselves," Dixie said during a February 2022 interview. "I truly believe a parent needs to be there."

Dixie said he's concerned about young children facing accusations in the criminal justice system without their parents present.

"It’s just unfair for those kids who were put into that situation," Dixie said. "Once you get involved in (the criminal justice system), it’s hard to get out of it."

In addition to the Sparks bill, the Tennessee Senate is considering legislation with a similar provision as the one he's crafting from state Sen. London Lamar, D-Memphis. Her bill would require an audiovisual recording of any interrogation of a child who has been taken into custody on suspicion of committing a delinquent act or unruly conduct unless a technical issue with the equipment or exigent circumstances prevent the recording.

Mother of incarcerated 10-year-old: Police 'came to my house like my son was a fugitive'

Reach reporter Scott Broden with news tips or questions by emailing him at sbroden@dnj.com. Follow him on Twitter @ScottBroden. To support his work with The Daily News Journal, sign up for a digital subscription.

This article originally appeared on Murfreesboro Daily News Journal: TN bill would allow parents to be present for interrogation of child