Abuse or discipline? Police sergeant charged with assault for hitting child with ADHD

Auburn Police Sergeant James Frith called 911 on himself.

It was early in the morning on May 3, 2012, and Frith told the dispatcher to send an officer out to his home in Puyallup.

“What’s going on there?” she said.

“I slapped my 10-year-old son last night,” Frith said. “He was out of control, basically, and he’s got a bruise on his face this morning.”

The boy has attention deficit hyperactivity disorder and Frith told responding officers he had not taken his medication for at least a week.

The night before, according to a police report, the boy refused to clean his room and fold his clothes when Frith asked.

“Frith stated (the child) was being disrespectful and not obeying him which resulted in (the child) getting a spanking with a paddle,” the report stated. “Frith stated (the child) continued to talk back to him and Frith sat on his chest and with his left open hand, slapped (the child) twice to the side of the face.”

Frith struck the boy a final time in the back of the head, and then left the room.

It was not the first time officers had been called to the residence. Frith was previously investigated for a spanking incident that left marks on the boy’s body. But in the eyes of the law, this time was different.

Puyallup city prosecutors determined that Frith crossed a blurry line between parental discipline and abuse. He was charged with fourth-degree assault on the boy, his ex-girlfriend’s son whom he had joint custody of.

“The issue of where they cross the line and it becomes an assault is not always clear and that’s always an issue that we as prosecutors struggle with,” said Deputy City Attorney Steve Kirkelie. “It’s tough as prosecutors, and the law is not black and white in that area at all.”

Assistant Puyallup City Attorney Terra Evans said prosecutors are allowed to consider a child’s behavioral issues in making a charging decision.

“But at the same time, when there are lingering marks, when there’s lasting pain, that’s where we tend to look at it more as an assault,” she said.

Samantha Arons, a Seattle-based child psychotherapist with the Child Therapy Referral Network, said parents of children with behavioral issues such as ADHD (attention deficit hyperactivity disorder) often struggle to keep them under control. Children who suffer with the disorder are restless, have a hard time focusing and take direction poorly.

“Parenting is difficult with any child, but parenting a child with ADHD can be extremely challenging,” she said.

But Arons said physical intervention with a child is never an appropriate strategy for behavior management.

“Whether it’s ADHD or anything, if a parent is resorting to a physical intervention it usually, in my experience, is because it’s a lack of knowing what to do and not having control in the situation,” she said. “What it really tells us is that the parent is overwhelmed and doesn’t have the tools needed to deal with the situation properly.”

Arons said parents who find it difficult to discipline their child should seek parenting advice and support.

“Homes can go from feeling very chaotic and out of control and difficult to feeling manageable,” she said.

James Frith declined the opportunity to give an interview for this story. The Auburn Police Department conducted an internal investigation into his conduct and suspended him for one day without pay.

Frith entered into a Stipulated Order of Continuance with Puyallup city prosecutors, which means the assault charge will be wiped from his record in 18 months if he complies with certain court orders.

He is to have no further contact with the child.