Northern California attorneys decided Thursday to not file charges against a mother who was reported by two children to have grabbed a 12-year-old boy by the throat at an elementary school in May.
Sonoma County prosecutors said that there was a reasonable case to be made that the 30-year-old mother named Della Garcia-Bratcher did not grab the young boy, according to the Daily Mail.
Two child witnesses said that Garcia-Bratcher attacked the student because she thought he was bullying her daughter on May 16 at the Olivet Charter Elementary School, but because of conflicting testimonies and the absence of any official or adult at the scene, the details of the incident remain unclear.
Despite the lack of clarity about what happened, police arrested Garcia-Bratcher on suspicion of child abuse. Multiple children at the scene were interviewed, but they did not provide consistent testimonies about whether she touched the boy.
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“Ethically, I can only file charges that I can prove beyond a reasonable doubt to a unanimous jury,” said Sonoma County Chief Deputy District Attorney Bill Brockley. “If I don't have that evidence, then I can't file charges.”
Garcia-Bratcher was accused of harming the boy on the day she visited the school to talk with officials about her child’s registration. She reportedly thought that the boy she confronted had called her daughter a “dirty Indian.”
Though some witnesses said that they saw the boy put his own hand around his neck, he claims that Garcia-Batcher attacked him. Administrators had police arrest the mother when they heard about the encounter.
Garcia-Bratcher said that she did approach the student but she did not attack him at the school.
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The mother’s attorney, Ben Adams, said that Garcia-Batcher was happy that prosecutors have decided to not pursue the case further.
“They arrested her for no reason and dragged her to court for no reason,” Adams said.
Source: Daily Mail