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Boy claims he was unfairly targeted in dodge ball-style sport at Hermosa

RANCHO CUCAMONGA - The Schneiders family knows the city's juvenile court well.
They have been there a dozen times in the past six months, waiting for pre-trial hearings in a queue of young delinquents, gang members and other problem minors. Yelling occurs, expletives are heard, and in the midst of it all is Brittany Schneiders.

It didn't matter that at 12, Brittany has made the honor roll seven years in a row. It didn't matter the girl aspiring to become a veterinarian had never stepped foot in the principal's office until last May.

Brittany is charged with battery for what happened May 8 in a playground game at Hermosa Elementary School.

Brittany kicked a ball that hit a playground mate, and in the opinion of the district attorney, there is ample evidence to prove that she kicked it a little too hard. For that reason, her trial in juvenile court begins March 14.

In a game of wall ball, a boy last May claimed he was unfairly targeted by a group of students who continuously threw and kicked a ball at him. According to the Schneiders, the boy, who was wearing braces, started to bleed in the mouth and complained of headaches and bruises to the head.

After an investigation by a school resources officer, six children, including Brittany, were charged with battery. The parents of five students have opted to resolve the case with the probation department but the Schneiders family has refused. They believe Brittany was merely involved in a game where the intent was to hit somebody with the ball and that she had committed no crime.

According to Brittany, wall ball, a game similar to dodge ball, involves a team throwing or kicking a ball toward another team standing against a wall. If hit, that person is out.

"We were playing it at lunchtime," explained Brittany at her family's Rancho Cucamonga home. "And there's usually two or three proctors in the yard when we're playing."

After the incident, Brittany and five others were suspended from school for one day.

Complaints by the injured student and his family prompted an investigation by a San Bernardino County sheriff's deputy who serves as the school resources officer. Raymond Schneiders, Brittany's father and a veteran detective with a local law enforcement agency, said his daughter was interrogated by deputy Tina Shaffia who questioned Brittany before reading her rights.

Shaffia could not be reached for comment for this story.

Schneiders filed a complaint to the San Bernardino County Sheriff's Department against Shaffia in June. He now believes this case has gone this far because he had filed a complaint.

"This has nothing to do with right and wrong," the father said. "There's a saying `follow the money.' Well, in this case, it's follow the ego."

David Hidalgo, supervising deputy district attorney for San Bernardino County, said law prohibits him from commenting on a juvenile case. But he said that in juvenile cases involving battery charges -- considered a misdemeanor -- there is an option of informal probation, which involves the minor meeting with a probation officer and serving community service.

"When parents refuse to cooperate to resolve a case in this manner, the probation office has no other option to send it the DA," Hidalgo explained. "If we believe a crime has been committed, we determine to seek petition in juvenile court."

Hidalgo added that sometimes parents make decisions to the detriment to the minor involved.

If the court finds allegations to be true for a minor facing misdemeanor charges, the juvenile will be placed on formal probation, Hidalgo said. If that minor continues to have problems, he or she could be placed in a group home or, in serious cases, placed in the California Youth Authority.

One parent of a child charged, who requested to remain anonymous, said the six-month probation for his son ends in March.

The probation, said the parent, involves regular visits to the probation officer and "community service" to be served at home. Under probation, the boy is not allowed to leave the state without first telling the probation officer, said the parent.

"Terms of probation are not severe or too much, but I do believe they're unjust. Really, these kids were playing a game," said the parent. "These were honor roll students, now they're branded as criminals. It's insane."

What's especially puzzling to the Schneiders is that the victim's family has relayed messages via attorneys, that they are not interested in pressing charges and did not intend for the complaints to go this far. According to the Schneiders, Brittany was friends with the boy and had attended a birthday party at his house.

Suzanne Schneiders, Brittany's mother, said the incident and court appearances have taken a toll on her daughter. She said Brittany has quit playing club soccer and has trouble sleeping at nights.

"They should have zero tolerance for gang members," Suzanne Schneiders said. "But zero tolerance for a girl playing dodge ball?"

The family also is appealing to have a new judge assigned to the case. Raymond Schneiders said the judge had said in a conversation with their attorney that he would find Brittany guilty and therefore they should plead guilty.

Alta Loma School District Superintendent Janet Morey said wall ball continues to be played at Hermosa Elementary and is played safely. Current students say the game has many variations but a soft, red ball is used, not a soccer ball, as was used in last year's incident.

Currently, wall ball is not being played at the schools of neighboring Cucamonga or Etiwanda school districts.

Wendy Leung can be reached by e-mail at wendy.leungor by phone at (909) 483-9376.