19-month-old subpoenaed for court

Published On: Apr 23 2013 07:16:02 AM HST

A 19-month-old girl who can barely talk has been subpoenaed to testify in Sandoval County Magistrate Court.

Ashley can say her name and a few other words, so it came as a shock to her father when a deputy served subpoenas to both of them. Javier Alarcon said the deputy looked just as stunned as he was when the subpoena was delivered to the toddler.

"And the look on his face was like, 'Are you sure there's no one else by the name of Ashley?'" he said. "And I go, 'There she is.' And he says, 'I have a subpoena for her to appear in court.'"

Alarcon said he didn't know what to do, but he knew enough not to try to disobey the order.

"The subpoena says failure to comply will result in contempt of court and it's punishable by fines or jail," he said. "It's very alarming."

Alacorn said he called the District Attorney's office, who confirmed that Ashley's subpoena was a mistake. It's an error that Alarcon hopes will never happen again.

"My concern down the road, 16 years from now, let's say she gets pulled over or something and the officer tells her, 'Oh, you have an arrest warrant for failure to appear in court back in 2013,'" he said.


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