CRESTLINE — A controversial video released last week showing a Crestline teacher and a teacher’s aide dragging a 7-year-old autistic boy through a school hallway prompted a statement Monday morning from Crawford County prosecutor Matt Crall.
The incident took place on May 8, but the video was made public last week. Crall’s office decided not to press charges and the prosecutor released a statement further explaining his position.
“I was troubled by the video. I take the safety of all of our children very seriously,” Crall said. “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.”
Crall noted that only a portion of the incident was captured on surveillance cameras inside the school. The portion of the incident that took place outside the school was out of the view of the camera.
“The portion of the incident not available involved the 7-year-old child striking the teacher in the eye,” Crall stated in his release. “According to the teacher’s 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 from the situation, the teacher was struck in the eye area. The child continually and physically refused to go to the office.”
“(Prosecutor) Matthew Crall called me and explained to me there is a gray-area between discipline and abuse in the law,” said Bonnie Mckean, the boy’s mother. “Because there were no injuries in this incident there was not much they could do.”
Crall noted that in most circumstances the county prosecutor only has authority to file felony charges. Misdemeanors are filed by the Crestline Village Prosecutor in Mayor’s Court or Municipal Court.
Crall said this case was submitted to the Crawford County Grand Jury for charges of Endangering Children, a third-degree felony.
The statute reads:
No person shall do any of the following to a child under 18 years of age: 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.
“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,” Crall said. “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, Crall said. 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.
“As a prosecutor, I do not like to hide behind the secrecy of the Grand Jury when facing tough decisions,” Crall said. “Legally, this charge did not meet the elements required for felony prosecution.”
The law requires serious physical harm or the likelihood of such harm occurring, Crall said. In this situation the injuries were minor scratches. Examples under the law of serious physical harm are 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, Crall said.
“It is also clear, under the law, that no serious harm was likely to occur,” he said. “The type of cases where likelihood of such harm 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.”
Crall reiterated the incident was 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,” Crall said. “While I have determined, within my authority, that no felony crime occurred, I hope that the Crestline Board of Education will conduct an appropriate investigation and render, after that investigation, a proper disciplinary action(s).
“This will ensure that the children of Crawford County receive the best education they can receive.”
