Police in Post Falls, Idaho, arrested the boy who failed to appear in court on charges of stealing gum.
The petty theft actually took place over the summer, but a Post Falls officer made the arrest last week, Police Chief Scott Haug said.
"A local judge issued an arrest warrant for a 9-year-old for failure to appear in court," he told CNN.
"Our officer located the child sometime last week, transported the child to the detention facility. The child was not handcuffed and was treated very well," Haug said.
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The arrest warrant was issued after the boy missed two court appearances, Haug said.
The chief said he thinks the court appearances were missed because the boy's mother was having difficulty finding transportation.
"If we had known that, we could have helped sooner with transportation," he said.
Kootenai County Prosecutor Barry McHugh said he now regrets what happened to the boy.
"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 told USA Today yesterday.
"I regret this having taken place and will do everything in my power to avoid this type of mistake in the future," he said.