OVERTON (KYTX) - Last week CBS 19 reported an Overton teacher was accused of assaulting a student with a pencil. The parents of the child filed misdemeanor assault charges against the teacher. Now, about a week later, the police department has finished its investigation and the student's mother is now speaking out.
"I was shocked somebody actually threw something at my child," Shannon Garner said.
Garner's 15 year old son Delsin, told his family last week his algebra teacher Tracie Marshall threw a pencil at him and cut his lip.
"He has verbal ticks. He blinks," she said. " And this teacher was told the week before about it."
Delsin's mother says he suffers from Turrets Syndrome and thinks the teacher may have thrown the pencil because Delsin was making noises..
"You don't want something thrown at your kid regardless of the reason, but if that's the reason that makes it worse," she said.
The superintendent for Overton I.S.D. tells CBS 19 the teacher admitted to throwing the pencil. But, he says, she was trying to get Delsin's attention and didn't mean to hurt the child. So, after a three day suspension, she's back teaching Delsin's class.
"If my son had thrown the pencil at the teacher, my son would be suspended," Garner said. "If she felt in danger he wouldn't be allowed back in class."
While Delsin sits in Marshall's class, his mother has pressed assault charges against his teacher.
Overton police Captain Clayton Taylor says there is enough evidence of a misdemeanor assault to send the case to the district attorney.
"The elements for assault are intentionally, knowingly, and recklessly. In this particular case, it appears that she was reckless," he said. "It meets the elements of assault so we are going to forward it to the D.A.'s office."
"If I had thrown the pencil at my son and my son went to school with a cut on his mouth and he said 'my mom threw a pencil at me,' I guarantee you somebody would have called up CPS and they would have been all over my case," Garner sad.
Garner says she just wants the teacher punished for what she did.
"If you throw something you risk the chance of someone being hurt," Garner said.
If the district attorney decides to take the case and send it to a grand jury and she is indicted she could face up to 6 months behind bars.
The Overton Superintendent says that if she is indicted, they will re-evaluate punishment. The district says Delsin is still in Marshall's class at this time because they only have one algebra teacher so there is no other class to transfer him to.
