Courtesy Kootenai County Attorney's Office
January 15, 2015 02:25 PM

A prosecutor that put a 9-year-old boy in jail for allegedly stealing a pack of gum is now apologizing.

“I regret this having taken place and will do everything in my power to avoid this type of mistake in the future,” Kootenai County prosecuting attorney Barry McHugh said in a statement released by his office Monday.

McHugh issued the arrest warrant for the boy from Post Falls, Idaho, after he failed to appear in court twice after stealing the gum.

He missed court because relatives had no way of getting him to the courthouse, according to local station KHQ-TV.

“After reviewing the file today (Monday) I have concluded that my office’s request to have an arrest warrant issued was a mistake under the circumstances,” the statement reads. “At least one other viable option existed, which was to seek a court-ordered child protection investigation.”

The child was arrested and released Friday, according to USA Today.

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