Thread by @DavidBegnaud

BREAKING: FL. State Attorney Amira Fox DECLINES to prosecute Hendry Co. principal Michelle Charter who “beat” a 1st grader with a paddle. Fox says the mother consented to the corporal punishment & treated the child with “respect”. The principal berated her

Here is the statement from the state attorneys office

Here was our report.

https://twitter.com/cbsthismorning/status/1389183326087532544

News like this is often dropped on a Friday afternoon at the close of business so all parties involved can avoid the crush of media questions and reaction from the public. Thats exactly what appears to have happened here, a calculated move.

As recently as 48 hours ago the spokeswoman for the state attorney said the office had not received the report from the police department to even being investigating. So to turn around a decision this fast seems 🤔.

Hendry county school district has a student discipline policy which states: “The Superintendent shall designate sanctions for the infractions of rules, *excluding corporal punishment*...” The policy was obtained by CBS affiliate @winknews.

Correction: the principals name is Melissa Carter. Not Michelle.

JUST IN: Statement from attorney Brent Probinsky who represents the mother:
“The family and I as their lawyer are very disappointed that the State Attorney, Amira Fox, did not criminally charge the school principal and her assistant who savagely beat...

“...beat this innocent 6 y o with a paddle for merely sratching a computer.

The State Attorney Ms. Fox in our estimation failed to hold accountable those who violate their responsibility to educate and nurture school children under their care and instead, physically...”

“... and emotionally abuse them.”

New Statement from Brent Probinsky, attorney for the child who was paddled on April 13, 2021, by the principal and her assistant at a Florida public elementary school:

“State Attorney Amira Fox, who’s jurisdiction includes Hendry County, FL, announced on May 7, that she would not file criminal charges against a Hendry County, FL elementary school principal & her assistant, who brutally paddled a fist grader for scratching a school computer...”

“...Most of us have seen the video of the horrific beating with a large wooden paddle of this little six-year-old girl who stood three feet tall and weighed forty pounds...”

“... Fox’s decision not to criminally charge these women relied on a flawed legal analysis and she applied the wrong law to decide if a criminal act was committed...”

“...The Hendry County School District, where this Central Elementary School is located, has a written rule prohibiting any corporal punishment of students by any teacher or principal. The rule clearly states:...”

“The supervisor shall specify sanctions for violations of the rules, except for corporal punishment.”

“...Florida law also requires that a school principal and teacher must follow the rules of the individual local school district pertaining to any punishment of students:...”

“... “Subject to law and to the rules of the district school board, each teacher or other member of the staff of any school shall have such authority for the control and discipline of students as may be assigned to him or her…” Florida Statute 1003.32...”

“... The principal, Melissa Carter, and her assistant, Celia Self, who held down and severely paddled this six-year-old first grader, violated the clearly written rule of the Hendry County School District and the laws of the State of Florida...”

“... The principal and her assistant committed the crime of an aggravated battery, a felony, in Florida.  A battery occurs, for example, If I get in a bar fight and punch a man in the face with my fist...”

“... That’s simple battery, a misdemeanor, since no weapon was used. But it I hit him with large a wooden paddle, it is aggravated battery, a felony...”

“... The State Attorney, Amia Fox, failed to consider the clearly stated law that applies in this case and that prohibits any corporal punishment of any kind, including paddling, in any Hendry County public school...”

“... Instead, the State Attorney mistakenly applied the law that governs in some other Florida counties, where corporal punishment in public schools is still permitted or where a parent is allowed to physically punish his/her own child...”

“... In those circumstances where corporal punishment is permitted, a decision by the state attorney whether or not to file criminal charges depends on several factors, including whether the physical punishment was reasonable, was excessive or harmful to the child...”

“...State Attorney Fox asked in this case the punishment was reasonable & not excessive & decided it was reasonable & not excessive.  Instead, she should have asked if it was legally permitted at all. The answer is clearly, “no.” The paddling was illegal & a criminal battery...”

“...By failing to file criminal charges, State Attorney, Fox gave a free pass to the principal and her assistant who violated the law by severely punishing this small child...”

“... What message are we sending to other teachers who now believe they will suffer no criminal consequences if they paddle our elementary school children, some severely, even for the smallest of infractions?...”

“... The stated purpose of corporal punishment is to intentionally inflict physical pain on another person. Corporal punishment of our servicemen and women in the military is strictly prohibited.  It’s prohibited in our prisons and juvenile detention centers...”

“... It’s against the law to beat your dog or your horse with a wooden paddle for the purpose of inflicting pain. All of that is considered cruelty...”

“... But in a few counties in Florida, not including Hendry County, and in 19 states, corporal punishment of students, including little first graders, like our innocent six-year-old victim at Central Elementary, is still permitted...”

“... It is a brutal relic of the past and should be banned in all of our schools.”