Prosecutors in Post Falls, Idaho had police arrest a 9-year-old-boy who failed to appear in court to answer charges he stole a pack of gum.

Kootenai County Prosecutor Barry McHugh said he now regrets that his office sought the arrest warrant. The boy was arrested and released Jan. 9.

“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,” McHugh said, referring to a statement his office issued Monday. “I regret this having taken place and will do everything in my power to avoid this type of mistake in the future.”

In an interview, McHugh said prosecutors sought the warrant because the boy had missed two court appearances.

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