School Yard Supervisor Charged With Battery of a Student

You need to get a lawyer and fight any criminal charge then.

I agree that is why I hired a private attorney and had her late to every Pre trial date. She also never filed any of the paper work needed to get any info for my case. Before you ask she will be having a complaint filed with the BAR of Ca. Now I have some half ass PD that as stated before hasn't put forth really any effort other than intimidating me into taking a deal.

My question is still is this right?

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Quoting TheYardDuty

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I have no caring about the job I'm only out to clear my name to the BS that these delinquents have said. The two statements give by each kid (their own statement A doesn't match statement B). These kids both have HUGE discipline records and I personally have not a single thing on my criminal record. One kid is one page front and back and the other three pages front and back. These aren't honor roll student here, even the VP of the school says this altercation in his opinion would have been started by these two. One of the students it was his first day back from a three day suspension. The VP also stated that neither of them had a any injury or marks on them.

People need to understand the president that is being set here. Kids can do what they want talk to staff how, swing at staff all they want and not get into trouble because all they have to do is make up some BS story and they are out of hot water. My so n who is Autistic has to write sorry notes to his teachers if his mother and I hear he has even raised his voice to his teacher.

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There is no precedent being set, you laid your hands on children and you shouldn't have. Kids can't talk to you however they wish but, as a playground supervisor, you cannot discipline children and I can only see one or two reasons for you to physically intervene. If the kid swung at you it's still not a free license to get physical with a child. Their discipline records are irrelevant.

You grabbed a kid, not because he was endangering anyone, not because he was hurt, but because you were applying force to back up your will.

In any event, it sounds like you already plead out the case so you're pretty stuck with the outcome.

Right or not has nothing to do with it. Legal or not is the question and the DA can offer any deal he thinks the judge will go along with. If you don't like the deal you don't have to take it.

If you could afford an attorney why do you now have a PD?

It is not unusual for somebody to run out of money after hiring an initial lawyer, such that they qualify for a court-appointed lawyer.

The problem with our trying to answer a question like "Is this right", is that we have no access to the witness statements, police report, or other evidence, and thus are not in a position to evaluate what the prosecutor is thinking or what a jury might conclude following a trial.

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Quoting TheYardDuty

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People need to understand the president that is being set here. Kids can do what they want talk to staff how, swing at staff all they want and not get into trouble because all they have to do is make up some BS story and they are out of hot water. My so n who is Autistic has to write sorry notes to his teachers if his mother and I hear he has even raised his voice to his teacher.

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Believe me, I DO understand. I have been a career peace officer also assigned as an SRO and juvenile crimes investigator and I also taught for a time both before and concurrent to my police career. My wife has been a career long teacher and she has been assaulted by students who could not be expelled because of IEPs. However, the police were under no prohibition to act so the children were arrested and behavior was made a condition of their probation. In the long run, the students improved, as did safety at the school.

What gives me pause is the fact that the DA is actually pursuing a criminal case for pushing a student at an elementary school. If ALL the state has are questionable statements from two grade schoolers, I'd be inclined to think the case weak at best. There should have been many witnesses, being a school yard and all. It makes me wonder what other witnesses might have said. Or, you have a DA who simply charges everyone to see if they plead, and when they don't he will drop the matter.

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Quoting cdwjava

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Believe me, I DO understand. I have been a career peace officer also assigned as an SRO and juvenile crimes investigator and I also taught for a time both before and concurrent to my police career. My wife has been a career long teacher and she has been assaulted by students who could not be expelled because of IEPs. However, the police were under no prohibition to act so the children were arrested and behavior was made a condition of their probation. In the long run, the students improved, as did safety at the school.

What gives me pause is the fact that the DA is actually pursuing a criminal case for pushing a student at an elementary school. If ALL the state has are questionable statements from two grade schoolers, I'd be inclined to think the case weak at best. There should have been many witnesses, being a school yard and all. It makes me wonder what other witnesses might have said. Or, you have a DA who simply charges everyone to see if they plead, and when they don't he will drop the matter.

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I'm more or less asking if the way that my private lawyer and now my PD are handling my representation? I no longer have my private lawyer because she was a basket case that was late, over three and a half hours late to my first pre trial hearing and over 2 hours late the second and 1.5 hours late to the third one. I paid her up front for her services. When she told me that if I wanted to go to trial that she was no longer retained I didn't fight it due to her inability to do her job up to that point. Being that I didn't have the money to get a new lawyer I had to go PD. I don't like feeling as though I have to fear the justice system due to unfair use of the system by the folks who do it every day. Part of the problem with any witnesses is that I can prove that they didn't see what the one says she saw due to where she was. Added to that that I can't have my investigator get a deposition from her due to the district trying to cover their ass. They know that they should have given me training but they didn't. All I did was what I had seen the other staff members do, one of the office staff even had to do it to get one of the kids out of my face in the office. These are not elementary kids these are 8th graders. Like I say these are juvenile delinquents that have been in more trouble in the last 2 years than me in 38.

Again please remember this is my 3rd day on the last lunch (6th, 7th, then 8th grade lunches) of the day. I have no re pore with these kids and no malice ageist them.

Based on your attitude regarding these kids I'd say that you were unsuited for the job to begin with.

Just because you saw other staff members do it doesn't mean that you can...or that they can, it just means that there was no trouble surrounding it. The circumstances and details matter. You manhandled a kid because they either weren't listening to you or moving fast enough for you, according to the OP.

Your OP says that you were sentenced to "informal" probation, 100 hours community service and an anger management class. It sounds like you were convicted. If so what is it you're trying to achieve?

The school district doesn't have to cooperate with your attorney. They can stonewall you and your attorney. They only have to provide what is legally required, such as discovery and anything you can get subpoenaed.

Kids, just like adults, can swear at you all day long and there isn't a thing you can do about it. I suspect that if I was swearing at you you'd not grab me. This was a power trip for you. It's about you imposing your will on a child and dominance.

The discipline record of children is completely immaterial. THE ARE CHILDREN!!! This is a point that you simply fail to grasp. Kids can be real a$$holes. As a n adult it's your job to let their impotent rage just breeze over you. It's hard. It's really, really hard. I know, I have two children of my own, one who's 20 and in the Navy (that's taught her some manners) and a 17yo who's a bloody handful. It's hard to let that fury whirl all around you and to be a rock. But you're the adult. It's your job to act like and adult. Your constant reference to the school discipline records says more about you than them.

You say that you have no malice regarding these kids. I disagree. You're sporting a chip on your shoulder the size of an aircraft carrier.

Whether *I* think the prosecution is appropriate or not is irrelevant. I KNOW how kids can be, particularly the more delinquent ones (most of my time as an SRO was at a continuation high school where I did gang documentation and probation and CYA parole searches).

Your attorney will have to go to trial if you refuse the plea deal. The police report should state how many witness statements they have and what they have to say. If there are third party witnesses that claim you pushed, shove, struck, or otherwise laid hands on one of these darling angels, that could very well be sufficient to convict. What you think you can "prove" with regards to where the witnesses were may not be so easy. If the case is weak, the DA may choose not to pursue the matter if you hold your ground and refuse a plea. Keep in mind, that a conviction could result in jail time.