ROCK HILL, S.C. — A Rock Hill Schools mother sent a video to Channel 9 of her daughter tapping another child on the head. Now, the young girl is charged with third-degree assault and battery.
The mother hoped the charges would be thrown out and her daughter could be in a juvenile diversion program.
However, a solicitor did not offer that. Instead, they suggested six months to one year of probation and a community interview.
The mom was shocked because she said her daughter had never been in trouble at school.
“They had both communicated in that playful manner before,” parent Christina Burgess told Channel 9.
However, the solicitor’s office said it wasn’t an isolated incident, “...but rather another in a series of harassing/bullying behaviors on the part of the defendant and her friends.”
It said the girl and the victim were not friends, and she had no reason to lay her hands on him.
The Rock Hill Police Department echoed similar sentiments, stating:
“The school resource officer was made aware of the incident after the victim reported it to school staff. The school resource officer documented the victim’s account and watched the video of the incident, which confirmed that the suspect did walk by and used her hand to make unwanted physical contact with the victim’s face. Based on that and other details revealed during the investigation, the request for a charge was made. The charge of assault and battery was issued and is pending in court.”
Assistant juvenile defender Arthur Sahtunkinish said the girl is from a loving home, makes good grades, and is involved in extracurricular activities.
“This is by far the most innocent, most harmless action I’ve ever seen be prosecuted as an assault and battery,” said Sahtunkinish.
Sahtunkinish said the girl’s mother said they were unaware of any other incidents between her daughter and the male student.
The public defender said he wants to talk to the solicitor about not offering juvenile diversion in several other cases this year.
“The main purpose of diversion programs is to provide a degree of accountability and help juveniles learn and not make mistakes again. It allows charges to be dismissed at the end of the day without having them go through the court process,” said Sahtunkinish.
Chief Solicitor Kevin Brackett responded, saying:
“If any attorney or defendant feels that they are being treated unfairly, there are supervisory attorneys in my office, including me, that they can appeal to for reconsideration; they will always be given time, and their concerns considered fairly.”
Rather than accepting probation, the suspect’s family will request a trial. She said she expects her daughter to be found innocent in this case.
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