A lawyer for a teen accused of assaulting a instructor’s aide at a Florida faculty has filed a movement saying his consumer is “not mentally competent to face trial.”
The Flagler County Sheriff’s Workplace says the assault occurred after the instructor’s aide took away the coed’s online game machine. The scholar, who’s 17, is charged with a felony and is being tried in grownup courtroom.
“The scholar acknowledged that he was upset as a result of the sufferer took his Nintendo Change away from him throughout class,” a information launch from the workplace says.
A protection legal professional filed a movement asking that specialists contemplate the psychological competency of the teenager.
Court docket paperwork point out the coed was dwelling in a gaggle house for youngsters and younger adults with sure disabilities together with autism and developmental disabilities. Group house care entails individuals with various disabilities dwelling collectively and receiving assist from workers that will embrace therapists or well being aides.
Within the movement filed Friday, the protection legal professional wrote he believes the coed will not be mentally competent to proceed within the authorized course of, a authorized commonplace outlined as an individual’s means to make rational choices and specific themselves.
The teenager was charged with aggravated battery on a college board worker, a first-degree felony punishable by as much as 30 years in jail in Florida.
The teenager is being held within the Duval County jail on $1 million bond.
$1 MILLION BOND:Pupil accused of attacking instructor’s aide over Nintendo Change held on $1 million bond
What does the protection movement say?
The protection legal professional, Kurt Teifke, stated overview of faculty, medical and psychological well being data, and data from the defendant and his relations have led attorneys to imagine the coed is “not mentally competent to face trial,” the movement says.
Within the authorized context, psychological competency means an individual’s capability to know the fundamental nature and objective of courtroom proceedings, their roles with respect to different events within the courtrooms and doable authorized penalties of their actions, in accordance with the Authorized Info Institute at Cornell Legislation College.
Teifke additionally filed a plea of not responsible and requested extra time to file motions.
The movement filed Friday additionally waives the coed’s look at his arraignment, which is slated for Monday morning.
VIOLENT ATTACK:Video exhibits teen assault faculty worker
What occurs if the defendant is discovered not competent to face trial?
Defendants who’re dominated not competent to proceed are sometimes dedicated to state psychiatric hospitals for remedy till they’re judged to have regained competency. At that time, the authorized case towards them can proceed.
A decide will in the end rule on whether or not the coed is competent to proceed or not within the authorized course of based mostly on the outcomes of assessments meant to measure decision-making. The Information-Journal, a part of the USA TODAY Community, contacted the coed’s mom, who declined to remark and referred calls to Teifke.
Teifke couldn’t be reached for remark.
What occurred in the course of the assault?
The scholar was proven attacking a instructor’s aide, Joan Naydich, on Feb. 21 in safety footage that has since unfold broadly on-line. Naydich works as a paraprofessional, charging paperwork confirmed. A paraprofessional is assigned to assist college students with particular person training plans, in accordance with the district.
Video exhibits an individual recognized because the defendant strolling shortly as much as a girl, knocking her off her ft and onto the ground. The video then exhibits the coed beating the aide as she lies unresponsive on the ground.
The assault lasts about 25 seconds, in accordance with the footage, and within the video a handful of individuals are seen pulling the coed off the worker and restraining him.
The worker was taken to a hospital to get handled for “extreme accidents”, in accordance with a press launch from the sheriff’s workplace.
The scholar was escorted from the realm and later positioned in custody, the sheriff’s workplace reported.
The scholar had three prior misdemeanor battery expenses in Hillsborough County, Florida.
Contributing: Natalie Neysa Alund, USA TODAY