Boys In Fight With School Bus Driver Won't Be Charged

[Skywatch_NC]

Boys In Fight With School Bus Driver Won't Be Charged

POSTED: 10:36 am EDT June 1, 2005

PUNTA GORDA, Fla. -- No charges will be filed against two teenagers whose fight with a school bus driver was caught on videotape and broadcast nationwide.

Prosecutor Stephen B. Russell said in a statement Tuesday that the case against the boys could not be proven.

"After reviewing all of the evidence, including the entire 15-minute videotape of the incident, we cannot prove beyond a reasonable doubt that either of the juveniles violated a criminal law," Russell said. "While the actions of the juveniles were disrespectful, rude, and profane, their behavior needs to be addressed by their parents and the school district."

A fight broke out May 17 when driver Albert Taylor told a 13-year-old boy to put his seat belt on and the boy's 15-year-old stepbrother cursed Taylor. Taylor then slapped the older boy and grabbed his throat, the video shows. The 15-year-old is seen pushing and punching the 66-year-old bus driver.

The stepbrothers were arrested on felony assault on a school official, punishable by up to five years in a juvenile justice center. Attorney Russell Kirshy said his clients are pleased that prosecutors declined to pursue the case.

"These boys are the victims and they have been from day one," Kirshy said. "The fact they got arrested was a mistake. That's clear."

The boys could still face disciplinary action from the school district. Taylor remains charged with battery, a misdemeanor.

Lawyer Mark De Sisto said Taylor was acting in self-defense and that should be covered by state law allowing personnel to use "hands-on" discipline in a matter of safety for other students, unless it is excessive force or unusually cruel punishment.

If convicted of battery, Taylor could face up to a year in prison. He is on paid suspension from the Charlotte County School District.

http://www.wral.com/news/4554464/detail.html

Copyright 2005 by The Associated Press.

[gtalum]

The kids deserved what they got, but the bus driver should never have allowed himself to lose his cool like that. I think the kids shoul dhave bene charged with misdemeanor battery just like the driver, at least the one who hit the driver. Felony battery was ridiculous, but just letting them off the hook is ridiculous too, and will serve only to help set up a frivolous lawsuit against the school system.

[Derek Ortt]

both should have been charged, that would have been the fair thing to do. Give them both a misdemeanor

[tracyswfla]

Punta Gorda...(not far from me) home of Charley and abusive bus drivers. Do they really need any more bad media attention?

[Skywatch_NC]

Kid with no respect at all for authority mouthing off at the driver after he nicely told another kid to buckle his seat belt...state law and that bus drivers have to adhere to and make sure their precious cargo are kept in check before rolling along. Truly a sad situation though...driver should not have attacked the kid inspite of his losing his temper after the kid got smart with him. No wonder so many teachers have resigned their jobs anymore...and bus drivers putting up with crap, too, on a daily basis.

Eric

[yoda]

both should have been charged, that would have been the fair thing to do. Give them both a misdemeanor

For once... we agree on something besides the weather!

[Cookiely]

Our school bus driver (in the dark ages) told us that riding a school bus was a privledge not a RIGHT. We could speak in very low tones. No eating on the bus. Any problems and you had one and only one warning after that you were suspended from riding the bus the remainder of the year. I will never forget the day two boys got in a fight on the bus. She calmly pulled into a little grocery store in the middle of nowhere and called their parents on a pay phone and told them where the boys were. She got back in the bus and had no further trouble EVER.