(Facebook.com)
KENOSHA, Wis. – In June, Kenosha County Eye reported that a 12-year-old boy was charged with arson after allegedly setting multiple vehicles on fire and recording the acts for TikTok. At the time, his name was withheld because of his age and the expectation that his case might be moved into adult court.
After careful consideration, and in light of the case remaining in juvenile court, KCE has made the difficult decision to identify the defendant: Cedrick Bender. He is now 12 or 13 years old. This decision is not made lightly, but we believe it is necessary for public safety. The community has the right to know who is accused of deliberately torching cars in residential neighborhoods while broadcasting the destruction online.
(Facebook.com)
Why KCE Is Naming Him
Wisconsin law does not forbid news organizations from identifying juveniles charged with crimes. The U.S. Supreme Court, in Smith v. Daily Mail Publishing Co., 443 U.S. 97 (1979), held that if a newspaper lawfully obtains truthful information about a matter of public significance, “state officials may not constitutionally punish publication of the information, absent a need to further a state interest of the highest order.” That case involved the naming of a juvenile defendant, and the Court made clear that journalists are within their First Amendment rights to publish such names.
The criteria KCE has applied here are consistent with Daily Mail and subsequent rulings:
- The information was lawfully obtained.
- The defendant’s actions pose a clear risk to public safety.
- The community interest in disclosure outweighs the juvenile’s interest in anonymity.
What Happens Next
The defendant remains charged in juvenile court, where proceedings are not public in the same way as adult court. His next scheduled hearing is expected in the coming weeks. If convicted, he could face detention in a juvenile facility until age 17, along with mandatory restitution for the damaged vehicles.
KCE will continue following this case closely.
(Facebook.com)
.
.
.
.
.
.
.
4 Responses
Nothing will happen….
Does anyone know what neighborhood this happened in?
Definitely sounds like a name from an upper class family in Pleasant Prairie who did this…
Photo in online Kenosha News article from May 4 2023 said he attended Grant elementary.