Eric Martin, a gay 14 year old, has been charged with assault after reportedly being beat by several unidentified students at Highland Springs High School in Henrico, Va., on Sept. 4.
The fight left Eric in the hospital for nine days with numerous injuries (video below).
"A head injury," Eric's mother Mary told NBC 12. "A broken hand. That's not just a fight. That's a beating. That's a vicious beating."
Almost two weeks after the beating, Eric was cited with two assault charges, noted Jezebel.
Mary says her son did admit to throwing the first punch.
"He admitted it to the police officer," stated Mary. "He did hit him, but he has been bullied by these children the whole time."
Mary told NBC 12 that four or five students beat Eric.
"So in other words the four or five boys can beat my boy to death," said Mary. "And he gets one slap in and gets charged, too? That's plain ridiculous."
The Martins have enlisted the support of family advocate Tammy Motola.
"It's always the perpetrators that get away with the crime," Motola told NBC 12. "When the victims have finally had enough, after being verbally attacked and bullied for years and they snap... they are the ones that are penalized."
Mary says that she recorded a Henrico school system official telling her to sign a document that would admit that Eric had threatened the school.
"That's the document, and unfortunately we are not going to be able to move forward with the variance until we have that," the school administrator says on the audio recording.
"Did you all hear Eric say it?" replies Mary. "Because that's hearsay."
"It is, but we have to complete documentation," admits the school official.
Apparently, the Henrico school system had a sudden change of heart and Eric is going to be allowed to attend another school, but he still faces criminal charges.
"I am very disturbed to learn about this violent situation in our community,” Ted Heck, Board President for the Virginia Anti-Violence Project, said in a statement. “No child should have to endure harassment and assault in school for just being himself."