POST FALLS - The Kootenai County prosecutor on Monday issued an apology for last week's arrest of a 9-year-old Post Falls boy.

The warrant stemmed from the child allegedly stealing a pack of gum at a local grocery store. The warrant was issued after the child missed two court appearances.

"After reviewing the file today, I have concluded that my office's request to have an arrest warrant issued was a mistake under the circumstances," Kootenai County Prosecutor Barry McHugh wrote in a statement. "At least one other viable option existed, which was to seek a court-ordered child protection investigation.

"That investigation would have resulted in information being available for the child's counsel, the court and my office in order to make a better-informed decision as to the best course for the child. Knowing the child's age, the charged offense and other circumstances in the case, we should have attempted this other option."

The child was arrested last Tuesday before being released from the Juvenile Detention Center on Friday after a court hearing.

McHugh's office sought the warrant involving the misdemeanor petit theft charge, and First Judicial District Judge Lansing Haynes authorized the warrant.

Post Falls Police Chief Scot Haug said the child was not handcuffed or searched and his officers had no other options when the warrant was issued.

"It put our officers in a difficult situation," Haug said. "The warrant commanded the officer to take action and bring the child in. That said, in watching the video, our officers did the best they could under difficult circumstances. He was not treated like an adult, and simply given a ride to the Juvenile Detention Center.

"No officer wants to do this. It's unfortunate that it got to this point."

Haug said the video of the arrest can't be released because it involves a minor.

Haug said another option that could have been explored is for police or a crime victim advocate to give the boy and his parent a ride to his court appearances.

"Had we known (the missing court dates) was a transportation issue, we could have gotten the child a ride to court," Haug said.

Haug said in his 30 years of law enforcement, he hasn't heard of such a young person being arrested for an alleged non-violent crime.

McHugh said the case has been sealed by a judge, so he couldn't comment on further details of the case.

"The case is still pending," he said.

McHugh said an arrest warrant can be issued by a judge at his office's request when accompanied by a police officer's affidavit when a child has missed court dates. He said unsuccessful efforts had been made to enroll the child and the child's parent in a diversion program and the child and child's parent subsequently missed the court dates.

However, while reviewing the matter with his staff, he reiterated the importance of a careful review of the underlying circumstances before requesting an arrest warrant, especially in cases involving children.

"I regret this having taken place and will do everything in my power to avoid this type of mistake in the future," McHugh wrote.

Haug said he hopes the entire justice system will learn something from the case.

"I hope what happens is that we all walk away from this and realize there are other ways to handle situations," he said.