Kiera Wilmot, student who caused small explosion, won't face charges
orlandosentinel.com
orlandosentinel.com
Diversion is a plea bargain in which you plead guilty to the charges and receive probation. If you meet probation terms such as random drug testing and so forth, then your conviction record is "erased". Sometimes how this is handled procedurally is the signed guilty plea is held in a separate file and not entered into the main system, and at the end of diversion the file stays in the separate file if you have complied with all terms, or is entered into the main system if you haven't complied with all terms.
Calling this "dropping charges" couldn't be further from the truth - this is a forced guilty plea. Since she "signed the agreement", the matter is over - she has admitted to charges and is legally guilty and has received probation, and that's the end of it.
Pre-trial diversion isn't cheap if you are of limited means. You have monthly fees you have to pay and you likely have fines and penalties to pay too. A lapse in any of those payments can result in what is called a "writ" being issued. It is essentially a bench warrant for your arrest. I have had this happen to me. It sucks.
Kiera is 14 and so I'm going to give her the benefit of the doubt that she is not a drug user. However, if she is she better get clean soon. Florida loves to drug test people in an attempt to violate them on their probation. A failed drug test will have you removed from the diversion program and you will face the original charges in court.
Finally, if the diversion program is completed without incident there are some lasting effects. Even though the charges will ultimately go away there are some things that wont. For instance, a friend of mine recently applied for a job that did not simply ask if he had been convicted of a felony. It asked specifically if he had ever pleaded guilty, nolo contendere, or entered a pre-trial diversion program. Completing the program smoothly does not necessarily mean that this incident will be completely over for her.
Shame on the DA in this county for moving forward in this way. The police were stupid to arrest her in the first place but hey, that's what they do. Proceeding with criminal charges, particularly in a case where no one was hurt and no property was damaged, is completely at the discretion of the DA.
This is bullshit and no one should be pleased with this outcome.
I am personally aware of two FL elementary cases one where a student was charged for throwing a deadly missle, which was a paper ball, and the other a boy kissed a girl on the school playground and was charged with sexual harassment. I wish I could say I am joking...
Was this before, or after, the Columbine school shootings in 1999 and the terrorist attacks of Sep. 11, 2001?
I believe while you are under the impression your government and law enforcement agencies are just doing more to protect you, you are actually relinquishing your freedom in exchange for false hope and allowing your government to nerf the world, and allowing the terrorists to win.
Arresting 11 year olds for bringing a plastic knife to school is ridiculous behaviour and should not be allowed (or encounraged) under the guise of "protecting us from school attacks and terrorists".
(I say 'your' because I am actually a UK citizen. While the ridiculous behaviour of the Americans is not really a concern of mine, I worry that other countries and governments will follow suit. That said, we're not dumb enough to allow rampant legal gun ownership. Sorry.)
Edit: clarity
I respectfully submit that much of Europe's "enlightenment" in this area (including the UK) is not due to the wisdom and foresight of its leaders, but due to the historical accident that it was already densely populated when firearms were invented.
Widespread gun ownership was a reasonable decision in the US at the colonies' inception, and once it's implemented, the switching costs of changing to restricted ownership permanently become high. I'll elaborate on this:
When the US colonies first started, they had a tiny population trying to hold their own, spread out in a vast wilderness. A gun can be used to defend against criminals, hostile natives, or can be used for hunting. Remember, homes were often miles apart, there were no telephones to dial 911, and the nearest police force might be in one of relatively few cities or forts, tens or hundreds of miles away. Not letting people own weapons would have made the colonists' lives much harder.
Once enough guns are out there, it gets harder and harder to argue that they should be outlawed, because:
(1) A culture of gun ownership develops, which will be upset if you try to take them away
(2) A sizable number of guns will presumably escape the confiscation program and enter the hands of criminals
Add to this, the country's experiences during the war of independence convinced its founders of the benefits of empowering the citizens to rise up against foreign invaders or an oppressive government.
As for why there's not more support for "common-sense regulation," no less a hacker than Eric S. Raymond has recently given a cogent explanation [1] [2].
http://www.guardian.co.uk/commentisfree/2012/jul/19/arrest-w...
My point is, please drop your anti-American superiority complex. You Brits do plenty of ridiculous things too.
[0] https://en.wikipedia.org/wiki/List_of_attacks_related_to_sec... (The list begins with an incident in 1853)
9/11 had a profound effect on how the US deals with terrorism, threats of terrorism or even just brown people.
Certainly not the first, but probably the events with the most lasting effects.
(why do you hate america)
That is shady. It seems like there should be a law preventing them from asking that. The whole point is so the record goes away if it doesn't, might as well fight it in court.
I have seen these questions on forms. Usually phrased as "have you ever been arrested?". Interesting. Even speed tickets have an entry as "date of arrest" even though there is not physical arrest going on. Does that qualify? Can someone not be arrested but charged with a crime, tried and serve jail time? I don't know of all the technicalities.
Also think about this, how do these "background check" companies find out about this supposedly sealed and then expunged record?
Edit: I'd like to add that I have moved back to New York (where I am from). My girlfriend is moving in January. Fuck Florida.
In a case like this, they would have a whole bunch of news articles to go on. It is likely to show up on Google for quite some time.
According to this article[1], the employer has to "have a legal release form completed by the applicant, inform that person of his/her rights, and provide that applicant with a copy of the report, as well as adverse actions communications".
If she's rejected on the back of an incident that's not on her criminal record, but found on Google, she's going to have a pretty good case against the employer.
1: http://www.forbes.com/sites/mikalbelicove/2012/10/26/the-10-...
If you go through the trouble of hiring someone, you'll have the context. I can't immediately think of a job where it'd reasonable count against her, but it's not inconceivable that a such could exist - and if it did, she'd be wrong to withhold it.
This may be better than a conviction, but Kiera is not out of the woods and this moment of hijinks at age 14 may follow her for life. At least she has popular support and the attention of the media, many young Americans face these laws without that benefit and it is a scary road to walk.
I could, for instance: it's certainly a demonstration that she has intellectual curiosity, which is good in some jobs. In some of the better jobs, actually. These jobs could be a minority, but in the end, you usually have only one job at a time anyway...
Though don't get me wrong, I do think it's absolutely disgusting to punish someone so disproportionately for something that should have been handled by a swift telling off.
Job well done. One scientist eliminated from useful society.
So, no, this is not an anti-science campaign by the government, regardless of how really hard we want to believe that she's aspiring to science. These things will blind you and take limbs off if you mishandle them. They have blown up on police officers after being left in an alley because they didn't detonate when kids make them. Then they just leave them for other people to clean up.
Even if you buy the science experiment angle, which she herself went back on, this is a safety issue from the completely reckless way in which she performed a "science experiment", similar to detonating a pipe bomb on school property just to see what happens. Oh, how the narrative would be different if she had built a pipe bomb instead.
Honestly, guys, we have this one wrong. Here's several other cases for your consideration, showing how big this problem is (the reason arrests are picking up is because LEOs are communicating about this, now that kids are starting to do it more):
http://www.mlive.com/news/detroit/index.ssf/2013/04/grosse_p...
http://abclocal.go.com/wpvi/story?section=news/local&id=... (from TODAY)
http://www.ktvb.com/news/crime/Five-more-plastic-bottle-expl...
http://www.kboi2.com/news/local/Police-warn-about-plastic-bo...
http://www.ktvu.com/news/news/bottle-bomb-warning-goes-out-t...
This is a serious problem, not an opportunity to "win another scientist," and the narrative around this case has been disgusting. Reckless behavior and endangering yourself and others intentionally is not the hallmark of a scientist, no matter how much you want the science angle to be true.
Regardless of all that, the charges are completely over the top. Community service, detention, suspension, sure. But the county was trying to charge her with a felony! I did stuff like that in junior high too, because I wanted to see the reaction. I learned from it though, and grew, because I didn't become an instant criminal and have my entire life ruined.
Congratulations, now we just put another young person into the system that strips away the chance to succeed and condemns her, for life, to one childhood mistake.
Let's keep in mind: this incident, where no one was injured or harmed in the slightest, is being punished infinitely more severely than destroying the entire world financial system has been. Because, hey, poor black girl in Florida.
Interestingly, of all your links, not one caused even the slightest injury or slightest property damage. Injuries seem to be rather rare (and plastic shrapnel would lose velocity within a couple of feet).
In that particular person's case she wasn't arrested. Instead, it resulted in her becoming the only person ever to receive two Nobel prizes in two separate areas of science.
Go figure.
Did people get hurt? No.
Was she doing it to hurt people? No.
Was she doing it for attention? No.
She was doing it out of curiosity. She doesn't deserve to be treated like a criminal.
We must look at this in terms of mens rea.
She needs a stern talking to, and probably at least a suspension from school. If they really want to escalate this to an expulsion, fine, but criminal consequences? Probation? Jail? Completely ridiculous.
Like there aren't enough actual criminals to prosecute.
You go be a 17 year old kid who's never been in trouble before and let's see how tough you are in an interview room with a few cops for a few hours.
Do you have citations to show that this was a bigger problem now then it was 10/20/30/40 years ago? Plenty of folks blew shit up during my day.
she later admitted someone told her how and encouraged her to do it
Link? I hadn't head this and 5 minutes of Googling hasn't turned anything up.
15 years ago, the grocery stores in my home town wouldn't sell The Works to teenagers.
Never did get in trouble with our potato guns. I'm sure I'd already be in jail if it were this day.
Additionally, the record is not erased, but she would have the option to seal or expunge her record after a period of time governed by Florida Statute. Of course both military and Feds can always see sealed/expunged records (not that the public will not generally remember this name for some time to come) and if she ever wanted to join a bar (despite being interested in science now, this experience may encourage her to become an attorney fight this kind of injustice on a daily basis), they generally make you unseal your record.
These "zero tolerance" policies turn into decisions with zero judgement and sense. Indeed, they're intended to remove human judgement from the equation.
>"The pending case has been dismissed. No formal charges will be filed," read the office's statement.
The state attorney and the school district are the ones that should be expelled.
Indeed. From that article, it's not an unconditional dropping of charges:
> The office of State Attorney Jerry Hill, whose jurisdiction includes Polk, said that it extended "an offer of diversion of prosecution to the child." That typically means a probationary-like program that allows the youngster to perform community service or meet other conditions and then avoid a criminal record.
> Brian Haas, an assistant state attorney and spokesman for the office, said he could not provide details of the diversion-program agreement reached in a juvenile's case. But he said the teenager and her guardian had signed the agreement.
On the other hand you have the Texas Tech explosion, (http://www.csb.gov/texas-tech-university-chemistry-lab-explo...), where a fifth-year grad student (!) was told to prepare 100 mg of a genuinely fickle explosive, but instead cooked up 10 grams, which he then ground in a mortar (!!), and it predictably exploded, injuring the fellow gravely.
His fellow students had concerns about his working habits, which are on the record, and neither the student, nor his supervisor were charged with anything. This isn't correct.
//satirical if that's not obvious.
Edit: To be clear, I have no problem with explosions - 'for science' or otherwise. I have a problem with explosions on school property, unsanctioned by professors, and without proper (or any) safety equipment.
>I can’t name a single scientist or engineer, who hadn’t blown up, ripped apart, disassembled something at home or otherwise cause a big ruckus at school all in the name of curiosity, myself included. Science is not a clean. It is very messy and it is riddled with mistakes and mishaps.
I think it's time we start making a distinction between an explosion which is made with the motivation of violence and destruction, and just explosions.
[1]: http://goo.gl/8Lpp2
Or perhaps I could study the inhalant properties of anthrax powder at my desk at work, because I have no malicious intent and just want 'see what happens'?
There's a difference between science and doing something reckless that could, theoretically, endanger others without scientific safeguards in place. Public commentary on this issue is completely ignoring that.
You're completely ignoring the context and scale. She put some household chemicals in a soda bottle that caused a minor explosion. You're attempting to compare that to highly controlled biological weapons.
Do you really think it's justified to charge her with a felony?
No, lots of public commentary is condemning her for what she did but not want to see her entire future destroyed by federal conviction. Even if she's acquitted it's traumatic and destructive.
It's the kind of thing that could have been dealt with entirely within the school.
I was not downvoted.
If you want to 'see what happens' with anthrax, then by all means you should study its properties at your desk at work--inside a laboratory--with safeguards in place.
And if you want to see what happens when you combine two chemicals in a science class, then by all means. I think students should be able to reasonably assume that the safeguards are in place. Because if we're giving our children materials to build the equivalent of a pipe bomb in science class, then that is our fault. We're the adults. We bring the safeguards, and they bring the scientific curiosity.
And by the way, a discussion of recklessly carrying out science is independent of a discussion of whether an act can be scientific in nature.
I blew up a bag of Oxygen/Acetylene on my school's football field. No malicious intent, can you think of a safer place to do it? I couldn't.
>Or perhaps I could study the inhalant properties of anthrax powder at my desk at work,
That's not even close to the same thing, but perhaps you should.
To be fair, it wouldn't kill all of us to do such an experiment. Not that anyone would think it was a good idea either way. So even assuming the other comment was telling you to "kill yourself" is dishonest on your part.
Those two things aren't necessarily mutually exclusive.
You've mentioned that a couple of times here. Can you point us to a link?
It makes no difference with respect to her punishment. It was unfair no matter what. I'm just pointing out the technicality.
It becomes a mere 'demo' once you're well-practiced in the specific procedure. And she wasn't.
Edit: I ask because I'd like to think that a thread on HN can come to some kind of understanding instead of an escalating spiral of heated arguments.
The answer is, very clearly, absolutely not on all accounts. Hacker News does not tolerate dissenting opinion and that should scare you. The continued existence of this community and any contribution is plainly pointless, and while I'd invest a little time demonstrating that to you, I know that nobody will listen, I'll turn light gray, and this community will go back to having a grand old time patting themselves on the back throwing money at a Florida teenager they have never, and will never, meet nor hear about ever again.
One of the (many) problems in our discourse today is that there is no middle. No compromise. Ever. Look at American politics for an example. Even in this discussion here, there was no possible suggestion that I might be a little right, no possible seeking of an understanding, no middle ground. You either think this girl deserves our showering of praise and affection or you suffer the consequences and get grayed to nonexistence.
No, nitrogen. I'm done. You guys can have your polarized, pointless discussion, and I will go back to keeping my opinions to myself. Just like I'm pretty much done with this industry, as well, because it seems like the number of intolerable people that I have to spend nine to five arguing with, over pointless shit like this, continues to multiply until I don't want to listen any more.
I started this account when a good guy, Jesse Noller, had has life threatened by the very people in this industry for daring to intervene in the PyCon situation. I hoped that maybe, just maybe, I could effect some change and get people to see that there is a middle, there is a compromise, there is an opportunity for discussion. When I follow the community, I am rewarded with heaps of karma -- including one comment with dozens of upvotes for saying what HN wants to hear. When I dare speak against the community, as I have here, I am reminded why I keep my distance and why those of us who think rationally consider this community a heaping pile of arrogant shit. You should hear what people outside HN say about it, based on discussions like this. Congratulations, HN. You're now Slashdot. You're now the community that in a single thread compared a teenager that built a bomb in a two-liter bottle to Alfred Nobel and Marie Curie.
In the hours since you left this question for me, I went to see a film and forgot about Hacker News for four hours, and it was four glorious, wonderful hours I intend to repeat. Continuously, for the rest of my days.
People implicitly defending their own identities have a much harder time backing down or seeing the implicit defense of identity in the other side's arguments, so you have two sides escalating to ever more extreme examples until the discussion devolves into shouting and namecalling.
There were some deplorable comments that will no doubt be cited by others as examples of HN's terribleness (though you should note that you're the one who brought up anthrax). But there was also an inspiring rally around someone who looked like she could use some support. Sadly, not everyone who deserves this kind of attention gets it (like the Novato teenagers you mentioned in another comment).
In the end, your life will be perfectly fine without HN, HN will carry on without you, and eventually it'll either get better, or reach the point where everyone interested in rational discussion will leave. But if not HN, where? HN seems to have much less of a hivemind than, say, Groklaw. What other community is as consistently articulate (outside of stories about Apple ;-P), even if they're articulately vile and wrong?
If you take them seriously it's rather disgusting. However, I look at this as teenagers talking about sex (that they have not had yet), when everyone thinks he is the only virgin and is vigorously trying to hide this fact from his peers (who are doing exactly the same).
Can you be seriously offended by them? I cannot.
You've said that before. Do you have a cite for it please?
Lest we forget, the most prestigious prizes in all of science, the Nobels, were created by a man who invented explosives.
To add another person into the equation, consider Fritz Haber. He invented a process to synthesize ammonia on commercial scales cost effectively. In doing so he made explosives and gun powder far more economical, but also fertilizer. His work is responsible for a significant escalation in the efficiency and lethality of warfare (he also pioneered chemical warfare, as an aside) but also for feeding roughly half of the entire population of Earth at this point.
That's the nature of science, it's not easy it's not safe it's not without risk, it's not without moral quandaries. The way to attack these problems is not to try to neuter intellectual curiosity, to replace everything in a chemistry set with water, to replace tools with their nerf equivalents, to put people in jail when they venture too close to danger. The correct way is to ensure that people learn from their mistakes, and to make sure that people acquire a sense of what sorts of things tend to be dangerous and how to be properly prepared for handling those situations, or, when warranted, avoiding them.
The same lessons apply to using computers. It's simply not possible to have a robust curiosity about programming, systems, or computing in general without acquiring dangerous knowledge. And it's extremely unlikely for folks to go through their formative years of learning these things without one or more excursions into dangerous behavior.
You or your friends didn't do anything destructive in high school and get away with it? I did...
It's dangerous because its possible to lose some digits if you hold the thing in your hand too long, but if someone were intentionally trying to lose a finger that way, they would find it more difficult than they imagined.
Maybe it's because actual, grown-up scientists who nurtured their youthful interest in science by blowing things up were hoping that she'd be impressed by their support and decide to become a scientist herself.
> But officers did arrest a group of teenagers at the end of January for making and setting off Drano bombs in an open space off Palmer Drive.
Let me be clear: mishandling one of these devices can blind you and remove limbs, and even if you buy the "I'm doing a science experiment" angle, she's doing it without training or safety considerations. This is a safety issue, not a science-hating issue, and there have been many charged and convicted before this young lady. I hate that we absolutely cannot have an objective conversation about this.
[1]: http://www.ktvu.com/news/news/bottle-bomb-warning-goes-out-t...
God damn it this is the whole point! Obviously if she had killed other people the story would be different. But she didn't. She blew shit up in an open place for reasons that were not sinister.
Motive matters. The reason she's getting so much support is because what she did resonates with so many of us, and we sense a kindred spirit.
Maybe you see her as a little terrorist-in-training who will use her new-found knowledge to blow up a marathon or something, but I have no reason to think that. I see a kid who heard about this from someone and thought "Wow, if I mix these ingredients in a plastic bottle there will be an explosion. Cool!" And then because she got off her ass and actually DID something rather than watch youtube videos or TV, she's far ahead of her peers.
I lived at a dorm at MIT which was known for several times a year making a coffee-mate bomb. The explosion was loud and the flames leapt up 5 stories, and then everyone would scatter before the MIT police inevitably arrived. It was fun.
From your link: Police said no one in Novato has been injured by a bottle bomb so far. But officers did arrest a group of teenagers at the end of January for making and setting off Drano bombs in an open space off Palmer Drive.
Note that nobody was hurt, and that the teenagers were using an open space. That sounds like the teenagers were following reasonable safety precautions.
From another HN thread on the subject: ... 2Al + 3H2SO4 -> 3H2 + Al2(SO4)3 is not on the prohibited list of reactions that are federally impermissible without a license. (http://news.ycombinator.com/item?id=5636823)
What felony would these kids be guilty of committing?
You know who should have been arrested? The guy I knew years ago (whose dad was a sheriff letting him off the hook, and who was definitely not a friend) who threw a Drano+foil bomb at a pedestrian and drove off. His favorite part of the story was the "hilarious" screams of the victim as the bomb exploded: "It burns!"
Given that it wasn't done with malicious intent, this is a matter for school disciplining, not court time.
Jerry Hill, contact info on the right side: http://www.sao10.com/
Bartow High contact information (it seems that Ronald Pritchard would be the person to contact): http://www.bartowhighschool.com/Contact%20Us.html
Note: I'm all for writing letters, but civil letters will get you the farthest.
Now if only someone could charge the original instigating teachers and officials for wasting police time or even better, place them in an institute for the criminally stupid...
The Orlando Sentinel story linked in the OP says she "is now attending classes at an alternative school." Is that "alternative" as in "another" or "alternative school" as in "remedial school geared toward at-risk youth"?
I don't consider her completely innocent, but still this was nothing that would require such severe penalties.
Hmm?????
Try
http://library.sciencemadness.org/library/books/ignition.pdf
From chemistry lab, remember the Bunsen burner? Yup, there was a Bunsen, a chemist. He was blind in one eye, from some chemistry experiment gone wrong.
They called him 'fingers' because on one hand he didn't have any -- one of his science experiments blew off his fingers.
The PDF above, it's a total, thigh slapping, laugh yourself dizzy riot! It's about the chemistry research for liquid rocket fuels, not really for the huge US Saturn moon rocket (just kerosene and liquid oxygen) but for smaller rockets such as anti-aircraft missiles. It's a riot: The stories of "red fuming nitric acid" mixed with all kinds of stuff they could dream up, using mostly just the TIFO method -- try it and find out -- blowing holes in the roofs of labs, creating stinks that make a skunk smell like roses, doing things in cities that should only be done in deserts 100 miles from anyone, doing things in deserts, e.g., creating a column of smoke two miles high, that maybe shouldn't be done this side of Pluto, is a total SCREAM. Then there were the 'mono-propellents' -- no mixing or ignition required. Some were weak, say, for just gentle orientation of a spacecraft. Others were attempted for lots of thrust. Alas, once the reaction starts, might it just quickly move to the whole supply of mono-propellent? Yup, darned right. And, then, right -- kaBOOM.
It's standard: Have much curiosity about chemistry, and some things will likely go BOOM. It's true at 14, 40, with a chemistry Ph.D. or not.
I was never injured, but not for lack of a lot of chances. For one, apparently I didn't use enough KNO3 with my C and S! Dad had a 100 pound bag of NH4NO3 to make the lawn green. It REALLY made the lawn green. Put that stuff on and get some rain and have to mow the lawn every other day, and it's a DARK green. AMAZING stuff. It was readily available because the surrounding areas were full of cotton farms, and it did great things for cotton.
I only worked with about a 1/2 cup of NH4NO3 at a time and got nothing out of it. Good thing: I might have lost a hand.
Once actually learn some real chemistry, then see (1) even if know a lot of chemistry, messing with such energetic reactions, where the reactions or some unintended byproducts might be wildly unstable, and, as of the time of the PDF above, even good chemistry can't predict what will/will not be unstable, can be dangerous and (2) if its not dangerous, then just do the energy calculations on paper and f'get about mixing up the actual ingredients.
Still, Al and NaOH drain cleaner, just gather the whole school together and tell them -- just do NOT do such things because you or someone else might lose a hand, eye, etc. Then DROP it. For the DA, hmm, add him to the list with the person in Boston who went after Aaron.