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School district officer assaults child on school property then lies charging 12 yr

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sunsetsdawn

Junior Member
What is the name of your state?:mad: :( Texas law- Injury to a child on school property and The use of excessive force are both felony offenses. My twelve year old son was taken back behind the school and assaulted by a school district police officer. The only probable witness was a teacher that stated officially she saw nothing. Ha! She saw everything! The officer in an effort to cover his tracks cohersed a principal and teacher unofficially to say that my son hit him first. That was a lie. The attorney we had at the time stated that he could just about prove my son had no time to hit the officer but due to no more money for a jury trial we had already spent $7,000 and the prior charge that he had gotten adjudicated on(class B misdemeanor for assault on a police officer's kid that he had gotten into an argument with and a shoving match had insued with my son shoving the police officer's kid and he fell hitting the corner of something and it ended up requiring stitches) On Friday my son had been adjudicated inwhich the police were present for come Monday this happened. Three days later mind you, anyway since he had just been adjudicated for assault he advised us to stipulate to the evidence for my son had fought back when he was attacked by this officer. in the state of Texas you are allowed to defend yourself if you feel you are in immenant danger against anyone, police included, and since he did and the burden of proof being lowered due to the assault charge he felt we should please this way. if I had known that we were pleading guilty I would have never agreed. This officer should have been relieved of his duties pending IA investigation but was not. Subsequently he was found innocent by his superior who did the investigation. My son now has a felony charge on his record for something he never did and can be proven that he never did. I would like to sue the school district and I want this officer dismissed as a police officer. They violated my son's Civil Rights when they 1. Never read him his Miranda Rights 2. Handcuffed him TDC style instead of juvenile style 3. Questioned him without parental or counsel's permission or approval or being present. This is an outrage and a grave injustice to my son. it was an act of retaliation and I feel like they should not get away with this. Such behavior by a school district officer is criminal and has no place being put in the position of leadership or control amongst our children. No parent should ever experiance the horror of picking their child up from school to find paramedics tending to him, there was blood everywhere and his mouth was busted and his face scraped up as well as his back, and finding him bloody and beaten. Where is the justice? They waited 29 minutes befor calling the paramedics and this is during the time that they turned the father away and would not allow him acess to the child. They sent him home without seeing his child. They had locked the school down when I arrived imaginer their surprise thinking they could keep this quiet when I found an unlocked door and went searching for my son that I was there to pick up. The teacher saw it all. I know she did. She could not even talk. Studdering when i inquired where my son was as she unlocked the back door. Anyone brave enough to take on the biggest school district in the state? If you nelieve in Justice please take this case. It would mean the world to my son to be able to tell his side and get deserved restitution for the great wrong done to him. He was 12 years old! He is now currently at a Boy's Ranch for something he didn't even do. That in itself is criminal. Please help. :( :mad: :(
 


Lynx 36

Member
sunsetsdawn said:
What is the name of your state?:mad: :( Texas law- Injury to a child on school property and The use of excessive force are both felony offenses. My twelve year old son was taken back behind the school and assaulted by a school district police officer. The only probable witness was a teacher that stated officially she saw nothing. Ha! She saw everything! The officer in an effort to cover his tracks cohersed a principal and teacher unofficially to say that my son hit him first. That was a lie. The attorney we had at the time stated that he could just about prove my son had no time to hit the officer but due to no more money for a jury trial we had already spent $7,000 and the prior charge that he had gotten adjudicated on(class B misdemeanor for assault on a police officer's kid that he had gotten into an argument with and a shoving match had insued with my son shoving the police officer's kid and he fell hitting the corner of something and it ended up requiring stitches) On Friday my son had been adjudicated inwhich the police were present for come Monday this happened. Three days later mind you, anyway since he had just been adjudicated for assault he advised us to stipulate to the evidence for my son had fought back when he was attacked by this officer. in the state of Texas you are allowed to defend yourself if you feel you are in immenant danger against anyone, police included, and since he did and the burden of proof being lowered due to the assault charge he felt we should please this way. if I had known that we were pleading guilty I would have never agreed. This officer should have been relieved of his duties pending IA investigation but was not. Subsequently he was found innocent by his superior who did the investigation. My son now has a felony charge on his record for something he never did and can be proven that he never did. I would like to sue the school district and I want this officer dismissed as a police officer. They violated my son's Civil Rights when they 1. Never read him his Miranda Rights 2. Handcuffed him TDC style instead of juvenile style 3. Questioned him without parental or counsel's permission or approval or being present. This is an outrage and a grave injustice to my son. it was an act of retaliation and I feel like they should not get away with this. Such behavior by a school district officer is criminal and has no place being put in the position of leadership or control amongst our children. No parent should ever experiance the horror of picking their child up from school to find paramedics tending to him, there was blood everywhere and his mouth was busted and his face scraped up as well as his back, and finding him bloody and beaten. Where is the justice? They waited 29 minutes befor calling the paramedics and this is during the time that they turned the father away and would not allow him acess to the child. They sent him home without seeing his child. They had locked the school down when I arrived imaginer their surprise thinking they could keep this quiet when I found an unlocked door and went searching for my son that I was there to pick up. The teacher saw it all. I know she did. She could not even talk. Studdering when i inquired where my son was as she unlocked the back door. Anyone brave enough to take on the biggest school district in the state? If you nelieve in Justice please take this case. It would mean the world to my son to be able to tell his side and get deserved restitution for the great wrong done to him. He was 12 years old! He is now currently at a Boy's Ranch for something he didn't even do. That in itself is criminal. Please help. :( :mad: :(
Did you actually see the incident take place betwen your son and the officer?
How do you know your son did not hit him first?
Do you have evidence the officer coerced other employess into covering up?
How can an atty prove your son didn't have time to hit him? It's only takes a second to jack somebody up. The atty will tell you anything you want to hear to keep getting your money.

It sounds like you you are taking your sons word f/ it as any mother would do, but since your son has already been convicted then you now have to prove that all these things you mentioned took place. The question you need to ask yourself is can it be done? It sounds like it will be hard to prove as there was also a teacher who was a witness to this. Did you ever think your son may have actually did what he was convicted of? It sounds like he has a pattern of striking people since there was a previous charge.

This sounds like a typical case of a parent thinking their kid does no wrong. Well, he was convicted f/ a reason. It's certainly your choice to decide if you want to spend thousands of dollars to try and appeal his conviction or come to the conclusion he did it. The moral of the story is don't fight w/ a police officer. If there is a problem then settle it in court.
 

Lynx 36

Member
teflon_jones said:
This can't be appealed. He plead guilty.

Do you have any evidence for what you said?
Missed the part where he pled guilty. The thing was running together on me. Unless Mom has evidence and lot's of $'s then this case is closed.
 

rmet4nzkx

Senior Member
Your son is a convicted felon at age 12, that is with a previous assult record, look up the legal definition of assult and be in for a surprise! It sounds as if what he has learned from you did not help him much. You can't prove anything, if you could, your attorney would have done so sooner. Your child is in an appropriate place for young felons, he might if he is lucky learn the error of his ways there because he obviously didn't learn anything at home. You have no cause of action, nothing illegal was done by the police or the school, only your little spoiled criminal son. Unfortunately, he will pay the price for your poor parenting.
 

Lynx 36

Member
rmet4nzkx said:
Your son is a convicted felon at age 12, that is with a previous assult record, look up the legal definition of assult and be in for a surprise! It sounds as if what he has learned from you did not help him much. You can't prove anything, if you could, your attorney would have done so sooner. Your child is in an appropriate place for young felons, he might if he is lucky learn the error of his ways there because he obviously didn't learn anything at home. You have no cause of action, nothing illegal was done by the police or the school, only your little spoiled criminal son. Unfortunately, he will pay the price for your poor parenting.
Maybe he will learn his lesson. This happens few years later and he's walking around the prison yard w/ his finger in Bubba's beltloop and being loaned out f/ packs of smokes. If I was Mom I would worry about correcting the kids behavior instead of defending him or this is exactly what will happen. The positive side of this is he's only 12, it's not too late to change. With parents help of course. Easier said than done though.
 

JETX

Senior Member
sunsetsdawn said:
Injury to a child on school property and The use of excessive force are both felony offenses.
I am reluctant to get into this one, since it is obvious from your post that you are not interested in hearing accurate responses that don't follow your own 'plan', but here goes:
Your statement is NOT correct. A simple 'injury to a child on school property' is NOT a felony offense. Kids get injured all the time.... on school property and off. It would require an objective review of the FACTS of the injury, to determine whether a crime occurred.

My twelve year old son was taken back behind the school and assaulted by a school district police officer.
That seems VERY unlikely. EXACTLY what evidence do you have that this occurred as you describe?

The only probable witness was a teacher that stated officially she saw nothing.
EXACTLY what evidence do you have that this teacher is not being truthfull??

Ha! She saw everything!
EXACTLY what evidence do you have that shows 'she saw everything'??

in the state of Texas you are allowed to defend yourself if you feel you are in immenant danger against anyone, police included
Sorry, but that is NOT true. There are certain levels of defense that might be justified... but not as you state. Second, the issue is NOT 'imminent danger'.
 

sunsetsdawn

Junior Member
Child is innocent

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rmet4nzkx said:
Your son is a convicted felon at age 12, that is with a previous assult record, look up the legal definition of assult and be in for a surprise! It sounds as if what he has learned from you did not help him much. You can't prove anything, if you could, your attorney would have done so sooner. Your child is in an appropriate place for young felons, he might if he is lucky learn the error of his ways there because he obviously didn't learn anything at home. You have no cause of action, nothing illegal was done by the police or the school, only your little spoiled criminal son. Unfortunately, he will pay the price for your poor parenting.
Poor parenting? How very judgemental of you. my son did not live with me he had chose to live with his father. the other three children do however live with me and I do not have any difficulties with them so you have no right to judge me one way or another. it is people like you who make this world a bad place to live in. Always casting stones when I am sure there are plenty of ghosts in your own closet. As far as a history of assault goes the incident where he and the cops kid got into a shoving match was the ONLY incident EVER done by my child. He DID NOT have a history AT ALL of getting into fights or any agressive behavior as such. It was a shoving match between two boys. He was not the only guilty party. The teacher said she did not see Josh hit the officer but she did see the officer attack my son and out of fear of loosing her teaching job and pension and retirement she chose not to say anything at all as demanded by the school district. Your assumptions are3 totally off the mark. Do you know what it means to assume? You make an ASS of you and me, but in this case only the first applies in this case. That is apparent. I'm sorry your life has been so crappy and your parents lacked on teaching you proper social skills. Mayube you should enter therapy with a licensed professional that can help you work through some of your problems. It could only help you to become a better person. I know a good one. I will gladly give it to anyone in serious need of some type of intervention. Have a wonderful day and I pray you get the help you so need. :)
 

rmet4nzkx

Senior Member
sunsetsdawn said:
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Poor parenting? How very judgemental of you. my son did not live with me he had chose to live with his father. the other three children do however live with me and I do not have any difficulties with them so you have no right to judge me one way or another. it is people like you who make this world a bad place to live in. Always casting stones when I am sure there are plenty of ghosts in your own closet. As far as a history of assault goes the incident where he and the cops kid got into a shoving match was the ONLY incident EVER done by my child. He DID NOT have a history AT ALL of getting into fights or any agressive behavior as such. It was a shoving match between two boys. He was not the only guilty party. The teacher said she did not see Josh hit the officer but she did see the officer attack my son and out of fear of loosing her teaching job and pension and retirement she chose not to say anything at all as demanded by the school district. Your assumptions are3 totally off the mark. Do you know what it means to assume? You make an ASS of you and me, but in this case only the first applies in this case. That is apparent. I'm sorry your life has been so crappy and your parents lacked on teaching you proper social skills. Mayube you should enter therapy with a licensed professional that can help you work through some of your problems. It could only help you to become a better person. I know a good one. I will gladly give it to anyone in serious need of some type of intervention. Have a wonderful day and I pray you get the help you so need. :)
Let me guess, he was with his father because you couldn't control him. You are the one in need of threrapy. Guess what my professional background is?
No ghosts in my closet, in fact I have raised 2 wornerful gentleman who have never beaten up a cop, both have served our country with honor and I have helped raise some troubled youth, turned them around and got them going on the right path.
 

Lynx 36

Member
Quote: "That is apparent. I'm sorry your life has been so crappy and your parents lacked on teaching you proper social skills. Mayube you should enter therapy with a licensed professional that can help you work through some of your problems. It could only help you to become a better person. I know a good one. I will gladly give it to anyone in serious need of some type of intervention. Have a wonderful day and I pray you get the help you so need."

Hmmmm. I would apply this to your delinquent son first Mommy.

Also noticed you didn't answer the questions posted to you about the evidence. I guess you have none that shows the delinquent's innocence.

As far as the first charge I would have to agree w/ you. If it was a fight between two boys the same age, there should never be assault charges but unfortunately it is a reflection of our sue happy society today. In the old days when two boys got in a fight the cops weren't called, nor were there any assault charges filed. It was settled by the parents or the principal and it was over. Now days everything ends up in court when it doesn't need to be.

Punching a cop though. Much different story.
 
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