Update for 1:50 pm: Judge Nibert acquitted Moffett Tuesday, saying the prosecution failed to prove its case.
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Mason County Intermediate School Principal Cameron Moffett is scheduled to go on trial this morning on charges of child abuse causing risk of injury. The charge stems from a highly-publicized incident last year where Moffett physically removed an 11-year-old boy, who was misbehaving, from a school bus as they were preparing to leave on a field trip.
The student, who has special needs and has a history of behavioral problems, was apparently involved in a dispute with other students on the bus as they prepared to leave for a field trip. A teacher told the student to move to another seat.
Moffett ordered the child off the bus. When the child refused, Moffett grabbed the student, who then collapsed. Moffett can be seen on the bus security video rolling the child down the aisle and off the bus.
The child was unhurt.
The criminal charge against Moffett is a felony, and it suggests that he intended to create “a substantial risk of serious bodily injury or of death.” An impartial observer of the video, which will be the single most important piece of evidence in the case, may conclude that Moffett was a little too rough with the boy. However, it’s going to be difficult, if not impossible, for the prosecutor to show Moffett wanted to hurt him.
This matter should never have gotten this far.
Former Mason County Prosecutor Damon Morgan let the case hang for months before leaving office after deciding not to run for re-election. Current Prosecutor Craig Tatterson either believed there was enough evidence to pursue the case or he didn’t want to be the one to drop the charges.
Meanwhile, Moffett has been reassigned within the school system, awaiting his day in court. Defense attorney Jim Lees says he will call Moffett to testify in front of Judge David Nibert. This will be a bench trial, meaning no jury.
This case has wider implications. Of course the family of the boy is suing, but that case is on hold until the outcome of the criminal proceeding. But additionally, educators across the state will be watching closely.
Teachers and principals have the right under state law to use reasonable force to restrain a misbehaving student. Still, they know that any time they put their hands on a student they are going to draw scrutiny.
But are felony criminal charges warranted? Not in this case.
These are matters for parents, administrators and school boards, not the police and prosecutors.