Centre County District Attorney Bernie Cantorna on Friday issued a statement addressing, in general terms, the juvenile delinquency case against a teen who allegedly assaulted another student earlier this month at State College Area High School.
The assault, which occurred inside the school before the start of classes on Feb. 1, stemmed from a photo that had been circulating of a white student wearing a racial slur and antisemitic imagery.
A 16-year-old Black student is facing juvenile petition for the altercation, though what specific allegations have been filed remains unclear. Several organizations initially indicated the petition was for a felony and two misdemeanors.
Since the incident, a number of community members have voiced concerns that the matter should have been handled within the school, not in the legal system, and that the school district needs to do more to address racism. The case, several community members and groups have said, perpetuates law enforcement bias against Black youths.
The State College NAACP and the 3/20 Coalition have started petitions calling for the delinquency case to be dropped and the former launched a GoFundMe campaign in support of the Black student and his family. They’ve also said racial harassment at the school should be investigated and if the case against the Black student isn’t dropped, the white student should face legal consequences for ethnic intimidation.
Cantorna did not indicate if any delinquency case was being pursued against the white student but denounced both racial harassment and violence.
“No one in our community wants our schools to be a place where students of color are subjected to ethnic intimidation and harassment; nor do we want our students to feel unsafe due to the threat or possibility of physical violence,” Cantorna said. “As it relates to racial harassment and potential hate crimes committed against students of color, our office has no tolerance for that conduct.”
The county’s top prosecutor also emphasized that the Black student is not being charged as an adult.
“During the four years I have been in office, no juvenile has been charged directly in criminal court with a crime for an incident in school or anywhere else,” he said. “Statements that someone has been charged criminally in regards to this incident, or runs the risk of going to prison as a result of this incident, are not accurate. Matters like these are the subject of juvenile petitions filed in juvenile court, not adult court.”
Critics of how the incident has been handled have said the approach should involve mediation and restorative measures, rather than a legal route that could have long-term negative consequences.
Without addressing the specifics of the case — which he said is in line with longstanding policy not to release information on juvenile matters — Cantorna said the goals of the juvenile justice system are to hold the individual accountable, “make whole any victims,” and “ensure the juvenile is given the tools to deal with whatever issues present so they can go forward and have a productive life.”
“Often juveniles in Centre County receive dispositions that are restorative in nature and do not result in formal adjudications,” Cantorna said. “The most common tool utilized in a restorative manner is a consent decree where the person is under supervision, performs community service and receives services that address the needs of the juvenile.”
After completion of the terms of the decree, the petition is dismissed and no record remains.
“Simply put, the juvenile justice system is not meant to be punitive and when it works, is restorative,” Cantorna said.
State College Area School District officials, who said they were not aware of the photo prior to the altercation, have explained that the district plays no role in determining whether a delinquency case will be pursued. The district conducts its own investigation for code of conduct violations, but that is not used by law enforcement.
District policy calls for a minimum of five days of out-of-school suspension for both assault and harassment of any kind, including ethnic intimidation.
“As a school district, we also integrate an educational plan with every student who violates our code of conduct because our core mission relates to their future success,” Superintendent Bob O’Donnell said on Feb. 7. “It’s our standard practice, in addition to holding students accountable for their actions. It includes a restorative approach that provides opportunities for students to repair harm caused. That’s a collaborative approach with families.”
Cantorna said he will work with community groups in an effort to build trust and understanding.
“I understand and appreciate the lack of trust that communities of color have for our legal and judicial systems, given our shared history,” Cantorna said. “In the past, I have reached out and been a part of community groups in an effort to address and understand the issues that are faced. I will continue to do so as it relates to hearing and understanding the concerns of our community and will share information on how our legal system works.”
Cantorna’s full statement is below:
As a District Attorney, I am limited in the response that I can give in regards to an incident that recently occurred at the State College Area High School. One thing we can all agree on is that we want our schools to be a safe place for our children, where they can flourish and grow. No one in our community wants our schools to be a place where students of color are subjected to ethnic intimidation and harassment; nor do we want our students to feel unsafe due to the threat or possibility of physical violence. As it relates to racial harassment and potential hate crimes committed against students of color, our office has no tolerance for that conduct.
During the 4 years I have been in office, no juvenile has been charged directly in criminal court with a crime for an incident in school or anywhere else. Statements that someone has been charged criminally in regards to this incident, or runs the risk of going to prison as a result of this incident, are not accurate. Matters like these are the subject of juvenile petitions filed in juvenile court, not adult court.
In regards to juvenile investigations and petitions, our office has a long-standing policy of not releasing any information regarding these matters, whether it be a person’s name, the nature of the petition or the alleged conduct. The reason for that is to protect the interest of the juvenile and to ensure that information does not become a matter of public record that can be found in the future. Because of that, our office does not respond in any manner regarding the particulars of any juvenile matter.
With that being said, I can speak generally about the juvenile justice system. Its 3 main goals are to: (1) hold juveniles accountable for what they have done; (2) make whole any victims in a case; and more importantly (3) ensure the juvenile is given the tools to deal with whatever issues present so they can go forward and have a productive life. Often juveniles in Centre County receive dispositions that are restorative in nature and do not result in formal adjudications. The most common tool utilized in a restorative manner is a consent decree where the person is under supervision, performs community service and receives services that address the needs of the juvenile. At the end of that period, the petition is dismissed and there is no record of what transpired. Simply put, the juvenile justice system is not meant to be punitive and when it works, is restorative.
As it relates to the needs of any individual juveniles, those matters are strictly confidential and not for me to discuss or share.
I understand and appreciate the lack of trust that communities of color have for our legal and judicial systems, given our shared history. In the past, I have reached out and been a part of community groups in an effort to address and understand the issues that are faced. I will continue to do so as it relates to hearing and understanding the concerns of our community and will share information on how our legal system works.
Bernie Cantorna
District Attorney
