SUNNYVALE, Calif. (KTVU) - A Sunnyvale woman \accused of spraying water on a 13-year-old boy for playing loud music as he walked by her home, may face a criminal charge after the boy's mother filed a police report.
Danielle Harris and her son Elijah Walker said they wanted to share their story so this doesn't happen to anyone else. Elijah used his cell phone to record the incident as it happened. In the video, music can be heard playing. Elijah plays music on his cell phone and amplifies it with a bluetooth speaker to amplify the music. The video shows water being sprayed from the front porch of a home at the 13-year-old as walks home from school. He said the woman gestured at him to turn down the music.
He said he complied, but she still sprayed him.
"First I was in shock. I didn't know why at first. I just brought out my phone and started filming it," said Elijah.
He said there were no words exchanged, but that the woman who's white, sprayed him again. Elijah said the same woman had filmed him with her cell phone the day before as he walked by
on his way to school. The second time, he said he called 911 and his mother.
"The reason why I was so cool in that video, I was so not overheated. I know that
if I did anything, I would be perceived as the threat instead of perceived as the victim," said Elijah.
He said he plans to continue to walk that route, but said he won't be using the bluetooth speaker to amplify the music. Instead, he'll use earbuds
"In the six or seven months that I've walked that route, no one else has complained," said Elijah.
A KTVU crew went to the woman's home to get her side of what happened. She said she's talked to police but declined to answer our questions.
After interviewing Elijah and the woman, police said they had sent their report to the Santa Clara County District Attorney's Office with the recommendation that the woman be charged with misdemeanor battery.
"There's no indication that race was a factor. What we're being told is that it was over loud music," said Sunnyvale Police Captain Jim Choi.
Elijah's mother said the woman's behavior is not acceptable, "I would like for an example to be set that you can't do this to kids. You can't do this to people period."
The District Attorney's Office is expecting to review the matter and make a decision on whether criminal charges are warranted. They have not said when there will be a decision.