Two 16-year-olds who were arrested for painting antisemitic and racist symbols, vulgar images and other hateful phrases at Islander Middle School (IMS) in January have been ordered to enter a court-based diversion program, according to a King County Prosecuting Attorney’s Office (KCPAO) resolution of case statement.

According to the statement, the alternative path for the teens — neither of which reside on the Island or attend local schools — is “one that ensures accountability while fostering direct engagement with impacted communities. This approach allows the teens to meet with affected community members, including those from the local Jewish community, to understand the consequences of their actions in a meaningful and constructive way.”

The statement, which was released on the afternoon of Feb. 28, said that a traditional prosecution won’t be utilized. If it did traverse that courtroom path, the nature of the offense, the teens’ lack of criminal history and additional factors “would not likely result in a lasting criminal record, nor would it provide an opportunity for meaningful dialogue between the offenders and the affected community.”

As noted in a previous Reporter article, the Mercer Island Police Department briefly investigated the graffiti incident, arrested the teens and then referred charges to the attorney’s office. The suspects’ names weren’t released because they are minors.

After members of the attorney’s office consulted with Mercer Island police, the Mercer Island School District, Juvenile Court Services and leaders in the Island Jewish community about the hate-based incident in February, most of the stakeholders supported the diversion decision.

“Some leaders in the local Jewish community support this resolution as the best path toward rehabilitation and recidivism prevention. Other leaders in the local Jewish community understood the resolution paths as described, but did not make a judgement/evaluation of the possible outcomes,” the statement reads.

The teens need to comply with the diversion terms or face potential charges if the case is referred back to prosecutors for re-evaluation.

In a letter to the community on Feb. 28, Mercer Island School District Superintendent Dr. Fred Rundle laid out four themes of his plan to guide the attorney’s office in understanding how the criminal acts impacted the Island community.

* Educate the two individuals about antisemitism, the holocaust, racism and hate.

* Give students, staff, administrators, city staff, Mercer Island Police Department and community members a chance to share how the two individuals’ actions impacted them personally and/or professionally.

* Involve community partners such as the Holocaust Center for Humanity, Stroum Jewish Community Center, Anti-Defamation League and others.

* Make an impact on the two juveniles, promote learning that will last a lifetime and help the community move forward.

“The antisemitic and racist hate plastered on the walls of IMS caused deep harm to our community. The consequences being recommended by the KCPAO will be appropriate to some and fall short for others. I will work to ensure our community’s interests are respected and upheld,” Rundle said.