On May 8, 2017 a series of events occurred in which a teacher and a teacher’s aide, in attempt to discipline a seven year old child drug a child from the playground area to the school office. Only a portion of the incident was captured on surveillance cameras inside the school. The portion outside the school was out of view of the camera. Only what happened inside the school was placed on social media.
The portion of the incident not available involved the seven year old child striking the teacher in the eye. According to the teachers report filled out for the school, the teacher and the aide drug the student to the office after they had attempted to stop his potentially dangerous conduct on the playground and he returned to the same conduct When they attempted to remove the child loom the situation the teacher was struck in the eye area. The child continually and physically refused to go to the office.
As to criminal actions in the Village of Crestline, the Crawford County Prosecuting Attorney, in most circumstances, only has authority to file felony charges. Misdemeanors are filed by the Crestline Village Prosecutor in Mayor’s Court or Municipal Court. The County Prosecutor’s Office received and reviewed the reports of the Crestline Police Department. As part of the investigation the child’s Individualized Educational Plan (REP) was reviewed.
County Prosecutor Matthew Crall stated, “I was troubled by the video. I take the safety of all of our children very seriously. As a parent, I send my child to school every day assuming that he will return home safely. As a County Prosecutor, I applied the same decision making process applied to every criminal case considered.”
Every criminal case must meet the requirements of the law under which we indict or bring charges. The case was submitted to the Crawford County Grand Jury for charges of Endangering Children, a felony of the third degree pursuant to Ohio Revised Codc Section 29]9.22(B)(3) which states: No person shall do any of the following to a child under eighteen years of age: (3) Administer corporal punishment or other physical disciplinary measure or physically restrain the child in a cruel manner or for a prolonged period, which punishment, discipline, or restraint is excessive under the circumstances and creates a substantial risk of serious physical harm to the child.
Prosecutor Crawl states, “As I knew this case would be of great public concern, I requested permission to discuss this case and the presentment to the grand jury from the Common Pleas Court. That request was granted.”
After reviewing all the information including the video footage and photographs of the teacher’s injuries, it was clear that the grand jury did not have the number of votes necessary for an indictment to proceed. The issue of the child’s autism was discussed and its role in the incident was discussed at length and the grand jury contained several different opinions on the issue. the case was pulled from the docket and the grand jury did not vote.
“As a prosecutor, I do not like to hide behind the secrecy of the Grand Jury when facing tough decisions. Legally, this charge did not acct the elements required lb. felony prosecution.”
The felony code section raises several questions. As with most felony charges, the law requires serious physical harm or the likelihood of such harm occurring. In this situation the injuries were minor scratches. Examples under the law of serious physical harm would be injuries that carry a risk of death incapacity or disfigurement.
Another example would be causing severe and sustained pain. In this case, that legal definition is not met. It is also clear, under the law, that no serious harm was likely to occur. The type of cases where likelihood of such hand occurring generally deal with someone firing a gun or attempting to harm with a weapon where the intent of the party can be clearly determined.
The incident involving this seven year old is clearly upsetting and troubling. “I referred this matter to the State Board of Education who can make the determination on whether this conduct was appropriate given all the circumstances surrounding the event. Not every wrong is a crime.
While I have determined within my authority, that no felony crime occurred, [hope that the Crestline Board of Education and State Board of Education will conduct an appropriate investigation and render after that investigation, a proper disciplinary actions. This will ensure that the children of Crawford County receive the best education they can receive,” concluded Prosecutor Crall.