The elementary students accused of beating an 8-year-old boy unconscious in a school bathroom will not face criminal charges because they are too young.
Children under 10 cannot be prosecuted for committing crimes under Texas law.
Their victim was out of the hospital by the end of the day, where he was diagnosed with a subdural hematoma after neurologists gave him the all-clear.
His sister, Kailee Boynton, told KHOU three other students cornered him in the bathroom in an provoked attack.
“They pinned my brother down. They were beating him,” she told KHOU. “They beat him to the point of unconsciousness, where they continued to beat him … They went through his backpack.”
Her brother could not find fault with his attackers.
“He told me ’maybe they’re just having a rough day,'” Kailee said. “He is so nice and kind that he can’t even fathom the fact that someone would want to hurt him or be cruel to him.”
Protective services, which is assisting in the investigation intervene with children as young as 7 at risk of getting into trouble. They can also work with the family of the children involved.
Lakewood Elementary School released a statement two days after the attack, by which time that story was featured in media reports and had stirred up discussions on social media.
“We first want to apologize for the delay in communicating with you regarding this isolated incident,” the statement read.
“While we are equally saddened and disheartened by the actions of our students, our investigation shows that contrary to media reports, at no time was a student left alone unconscious in the restroom. He was evaluated by the nurse immediately.”
The statement did not explain how the staff found out that Christian had been attacked in the restroom and also said they had a “limited ability” to share their investigation details.
Responding to a later discussion about the school’s response, he explained that his son had been taken to a regional hospital where he was given an MRI and chest X-ray. “It was there he was diagnosed with a subdural hematoma–he was bleeding from his brain. He was transferred to Texas Children’s Hospital via ambulance and treated there. After several hours of observation he was allowed to come home.”
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