Jackson County

Judge rejects plea deal for bus driver in assault of special needs girl. What’s next?

Judge Robert Krebs on Monday said he would not accept a recommendation from the state regarding sentencing for a bus driver who allegedly assaulted a disabled girl from St. Martin Middle School.

In response, Keith Pisarich, attorney for bus driver Antioinette Jane Raymond, asked that the case be moved to another judge, preferably Judge Kathy King Jackson.

Raymond is facing a civil suit from the family of the special education student. The disabled girl was 14 at the time the incidents occurred in the 2014-2015 school year.

Pisarich told the judge he has been assigned to preside over the civil side of Raymond’s case.

The judge said he would have to take a close look at all that is before him before he makes any ruling in the case. That would include any consideration over whether to step aside in the criminal prosecution.

When Pisarich asked that the case go before Jackson, several parents of special education students who showed up Monday in support of the victim’s family could be heard saying, “Oh, no.”

Raymond was set to enter no contest pleas to misdemeanor charges of simple assault and contributing to the delinquency, neglect or abuse of a child.

Special Prosecutor Mark Watts had recommended a fine of $2,000, a six-month suspended jail sentence and one year of probation.

When asked why no recommendation for jail time, Watts said, “I’d rather see her go to jail, but it’s a difficult case because my victim can’t testify.”

In an assault, the prosecutor must prove the victim felt in imminent fear of bodily harm. Only the victim can answer that.
The girl cannot testify for herself because of her disability.

Raymond was first set to enter the plea last Monday, but the judge wanted time to view the footage of the assault that involved Raymond and former St. Martin Middle School special education teacher Kerri Anne Nettles.

Raymond sat in the back of the courtroom and tried to hide behind a wall when the media tried to photograph her.

Parents are upset because Jackson sentenced Nettles to probation and fined her $3,000. No other action was taken.

When the plea was delayed last week, Raymond cried.

A review of the tape

The girl’s grandfather has been outspoken in his outrage over the misdemeanor charges filed in the case.

Thomas Pearce questioned why only misdemeanor charges resulted in the case against Raymond and Nettles.

“This lady and her accomplice physically abused my special needs granddaughter,” Pearce said last week. “This lady (Raymond) right here threatened to kill and strangle her.

“I can assure you when you see that tape (judge), you are going to be just as mad as everyone else was in my eyes. I don’t see how it can be a misdemeanor for my special needs granddaughter who cannot take care of herself ... or speak for herself.“

Pearce was back in the courtroom Monday along with parents of other special education students.

He declined to comment Monday.

The judge reiterated he had no control over the grand jury indicting the driver and former teacher on misdemeanor charges. After reviewing the tapes, he said Monday the District Attorney’s Office and grand jurors had followed the law when it came to the charges filed in the case.

The teacher was fined

Pisarich has repeatedly pointed out the former special education teacher involved had already been sentenced in her case, resulting in a fine and suspended jail sentence even though Pisarich said the teacher’s actions “were more severe” than what Raymond had done.

“No one may like my decision, including you,” Krebs told the attorney.

A grand jury indicted Raymond, the former bus driver, and Nettles on misdemeanor charges of assault and contributing to the delinquency, neglect or abuse of a child.

Nettles pleaded no contest to assault and contributing to the neglect of a child in May. A judge fined her $3,000 in addition to giving her the suspended jail sentence.

‘I’m gonna kill her’

In school bus surveillance video from the 2014-15 school year, Raymond threatens to take the girl to jail, choke her and kill her if the girl doesn’t keep her voice down and stop moving around.

Another time, Raymond gets angry because the girl won’t quiet down.

When Raymond and the teacher hear the girl say what they believe is profanity, Raymond races over to the girl’s seat and sits on her lap.

“Now, go ahead, move, big girl,” she yelled as she pushed the child farther into the seat with her backside.

“Go ahead, move, move,” the driver said. “Can you move now? Huh? You going to shut that mouth, huh? You going to holler anymore? You do it again, I’m going to warn you again. You better shut your mouth. You hear me? You hear me?”

The girl also calls out for her Paw Paw and says she wants to go home.

Raymond told the girl her Paw Paw was gone.

“Paw Paw is gone,” she said. “He left you. He left you.”

The Jackson County School District fired both women.

The assault, however, was never reported to the state Department of Education.

This story was originally published August 6, 2018 at 9:49 AM.

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