Alvin ISD
INCIDENT:
My son Kris, age 15 was playing around with a friend like boys do (or used too). My son knew that his friend had had some recent rough times in his life so when he started becoming aggravated my son backed away and told him that it was enough it was stopping there before it got out of hand. In pretty much any other place my son would have been commended for keeping a cool head and helping to avoid a possibly bad situation, in the case of our school, he was treated as a criminal.
AISD RESPONSE:
AISD police saw my son and his friend playing around and issued them a citation for disorderly conduct, a class “C” misdemeanor. The officer actually wrote it down as “aggravated pushing and shoving (fighting)”. Kris also received 3 day ISS, In School Suspension.
COURT:
We received a letter from the office of the Justice of the Peace for Brazoria County, stating when we were to appear before him and it included a statement that if we fail to appear that I could be arrested. I told my son to plead however he felt comfortable and I would support him. He plead not-guilty. He was told we would have to return to court on a different date for another hearing, and if an agreement were not reached then we would have a full-blown trial, jury, witness etc. Upon returning to the court on our next appointed date we spoke with the Brazoria County DA. The DA listened to my son’s explanation of what happened and then threw out the charges, as it appears he does with most cases that reach him.
PROBLEMS:
1) Per the Texas Penal Code
(a) A person commits an offense if he intentionally or knowingly:
(6) fights with another in a public place
There was no fight.
2) SUBCHAPTER C. LAW AND ORDER
(b)(2) may enforce all laws, including municipal ordinances, county ordinances, and state laws; and
School police officers should handle only serious crimes such as those spelled out in 37.007
