David Nolette was 15 years old in 2001 when he plead guilty to juvenile charges. He has now served 11 years in the adult system on juvenile charges. These charges should have been heard in a juvenile court where David would have received rehabilitation, education and skills for his life in society. He would have also been released at the age of 18. The state of Nevada found him not guilty of the one charge that brought this child to the adult system, but in Nevada there is not a law in place that allows cases like David's to then be sent to the juvenile court if found not guilty on adult charges.
We are asking that David Nolette be given a pardon this year as time served. David was never in trouble with the law before this incident, nor did he have a juvenile record. He has completed all required classes, received his G.E.D. and then his high school diploma. He has worked at full time jobs at the facilities he has been housed at. The Polaris Foundation has honored him with a scholarship for his college education. He is the first that Polaris Foundation has given to an inmate. He has been taking correspondance courses through the University of Nevada Reno and now currently at Ohio University. He has a home to go to with a family that supports him with his future.
David moved to Reno Nevada with his mother in June of 2000 from a small town in New Hampshire. He became friends with a boy who was also new in town. The boy invited David over to his Uncles apartment on a weeknight after school were serveral teenagers would hang out. After the boys did not come home that evening both set of parents called the police to report them missing. The Reno police department said they were to busy to be looking for teenagers and that they would probably come home on their own.
While at the uncles appartment they were introduced to "meth". After these men fed the boys this drug for 10 days the dealers told the boys to go out and rob someone to get some money. It was brought out in the trial by several people that were at the appartment that David repeatedly said no. David and the other boy left to go to a strip mall parking lot, but the other boy came back to get a baseball bat.
As they were on the way to the parking lot two men came out of a building and the other boy started swinging the bat at one man and hit him repeatedly in the arm. The boy then turned to the other man and started beating on him, hitting him several times about his body. A young man from across the street saw what was going on and ran over to where this was happening. The man started yelling to stop, the other boy ran and jumped the fence and then yelled to David to run.
When the police arrested David and the other boy they were charged with attempted murder, conspiracy to committ robery, two counts of robery, and two counts of assault and sent to the adult jail. The police denied David his right to an atorney or a parent to be present. This is on video.
The law says that children can not be housed with adults, so they were put in "protective custody". Protective custody is where they house inmates that have to be isolated. They are only allowed out of the cells once hour every 48 hours. David was not allowed a t.v, radio or books and he was denied his education. The cells only have an opening in the door wide enough to put their meals through. The children that are in protective custody are not allowed to talk with adult inmates, so he was denied communication with any one on the unit even the other boy that was in the unit at the same time. He was in isolation for 18 months waiting for the trial. This is about the average time for a case to be heard in court.
David plead quilty to the conspiracy to committ robery, two counts of robery, and two counts of assault. These charges for a child would be handled in the juvenile court. David plead not quilty to the pumped up charge of attempted murder because he did not take the bat to use or have intent to kill someone. It is the attempted murder charge that took him to the adult system.
At the trial the jury very quickly found him not quilty of the attempted murder charge, but in Nevada, as in all states, once the other charges are brought before an adult court they can not be moved back to the juvenile court. He was sentenced to 4-12, 4-12, 4-12, 2-10 to be served in the adult prison.