I was so sure that we would not have to go to trial; it was a pretty open and shut case.
However, D plead 'not guilty' to the assault charges.
However, D plead 'not guilty' to the assault charges.
Surprised?
At first I was too. I had the 'How dare he?' question going through my mind.
I was so sure that a plea bargain would be taken before the trail, but then the defense attorney emailed me last Friday evening, asking if she could interview me before the trail. I emailed her back saying that I must decline unless there was a victim's advocate or the prosecuting attorney with me. When we came back to school on Tuesday, I found out she had contacted others from the school as well who had interactions with D.
I was so sure that a plea bargain would be taken before the trail, but then the defense attorney emailed me last Friday evening, asking if she could interview me before the trail. I emailed her back saying that I must decline unless there was a victim's advocate or the prosecuting attorney with me. When we came back to school on Tuesday, I found out she had contacted others from the school as well who had interactions with D.
The crazy thing about the trial was that it was not me against D. Because I am an employee of the state (teacher), it is the state of Colorado vs D. I am the 'witness' to his crime against the state, even though the crime was committed against me.
It's incredibly strange how it all works and I'm sure I got some of the technical wording wrong.
Anyways, yesterday Alex and I got up early and headed over to the justice center. We had to be there by 8:15, but because we were paranoid by traffic, we got there at 7:45. Alex and I sat in the hallway next to a court room, waiting to be let into the district attorney's waiting room. Eventually Carol found us. She was the victim's advocate that had been helping me understand all the legal stuff for all of this.
We sat and waited for Michelle, the prosecuting attorney. She came in and the first thing I thought was, "Holy cow is she young." when in reality, she was probably my age. Anyways, we talked for a bit and then she said that the judge that we were scheduled to have just started picking a grand jury and it would take most of the morning, and she was going to find another judge to take our case.
About a half hour later, she came back and said that we had a new judge and that we were ready to go. She brought us upstairs and we sat in a conference room next to the courtroom. Both her and Carol, the victim's advocate, popped in and out of the room while we waited.
Two hours later.....
Michelle, the attorney, came back in and asked me a couple of questions about the school and my classroom. She asked me how long I had been at the school and how long I have been working with students with emotional and behavioral disabilities. I told her this is my fourth year and that during the assault, we tried to call for someone stronger to get in the room because we (the school psych and I) knew that he was too strong for us to do a certified hold on him.
Apparently, that was a game changer.
She left the room and talked to the defense attorney about it. I guess they didn't have that information and just assumed that this took place in a regular classroom with a teacher who had no idea what they were doing. Michelle came back and said that the defense attorney said she didn't advise her client correctly and wanted to meet with him during lunch and schedule the hearing for 1:30.
So, Alex and I went to lunch and then came back and waited to talk to Michelle again. When she arrived, she told us that D decided to plead guilty instead and I would no longer have to testify. She gave us the option to leave or to stay for the sentencing. I figured, we've been here all day, we might as well stay for it.
Michelle asked me on our way up if I wanted to speak- I said no, he is already pleading guilty and the judge has most likely read everything. We walked into the courtroom and sat in the back. D's mom was there too, sitting on the other side. A bailiff brought D in and sat him down in chairs that are usually reserved for the jury. (Juvenile cases are brought before a judge, not a jury.) The defense attorney and his GAL (guardian ad litem) talked to him for quite a bit before the actual sentencing began.
Once the judge arrived, we all stood until he was seated and D was walked over to the defense side of the courtroom. The only thing Michelle did was explain the charges to D, which the judge repeated. After this, an attorney for the department of human resources stood and went through D's educational history- that he has been asked to leave four different residential facilities due to behavioral issues (assaults).
There was a lot of discussion about what the sentencing would be. Michelle asked for 1-2 years at a detention youth correctional facility (DYC). The defense attorney didn't agree with that and came up with something else that the judge didn't like. In the end, the judge sentenced him to 6 months at the DYC, after which he will attend a locked residential facility. He will not be allowed in a public school setting.
The judge said that now that D has DYC on his record, next time he is in front of a judge (which the judge even said that there is a very high probability that it will happen given his record), he will be sentenced to the maximum available at the DYC for a juvenile, which is a 2 year sentence. By the time that future case gets to a judge, he will be close to 18 years old, an adult.
So, nearly a year later, things have wrapped up and it feels good. God has taken care of me the entire way through and it's been awesome to see His faithfulness.
God is good.
Anyways, yesterday Alex and I got up early and headed over to the justice center. We had to be there by 8:15, but because we were paranoid by traffic, we got there at 7:45. Alex and I sat in the hallway next to a court room, waiting to be let into the district attorney's waiting room. Eventually Carol found us. She was the victim's advocate that had been helping me understand all the legal stuff for all of this.
We sat and waited for Michelle, the prosecuting attorney. She came in and the first thing I thought was, "Holy cow is she young." when in reality, she was probably my age. Anyways, we talked for a bit and then she said that the judge that we were scheduled to have just started picking a grand jury and it would take most of the morning, and she was going to find another judge to take our case.
About a half hour later, she came back and said that we had a new judge and that we were ready to go. She brought us upstairs and we sat in a conference room next to the courtroom. Both her and Carol, the victim's advocate, popped in and out of the room while we waited.
Two hours later.....
Michelle, the attorney, came back in and asked me a couple of questions about the school and my classroom. She asked me how long I had been at the school and how long I have been working with students with emotional and behavioral disabilities. I told her this is my fourth year and that during the assault, we tried to call for someone stronger to get in the room because we (the school psych and I) knew that he was too strong for us to do a certified hold on him.
Apparently, that was a game changer.
She left the room and talked to the defense attorney about it. I guess they didn't have that information and just assumed that this took place in a regular classroom with a teacher who had no idea what they were doing. Michelle came back and said that the defense attorney said she didn't advise her client correctly and wanted to meet with him during lunch and schedule the hearing for 1:30.
So, Alex and I went to lunch and then came back and waited to talk to Michelle again. When she arrived, she told us that D decided to plead guilty instead and I would no longer have to testify. She gave us the option to leave or to stay for the sentencing. I figured, we've been here all day, we might as well stay for it.
Michelle asked me on our way up if I wanted to speak- I said no, he is already pleading guilty and the judge has most likely read everything. We walked into the courtroom and sat in the back. D's mom was there too, sitting on the other side. A bailiff brought D in and sat him down in chairs that are usually reserved for the jury. (Juvenile cases are brought before a judge, not a jury.) The defense attorney and his GAL (guardian ad litem) talked to him for quite a bit before the actual sentencing began.
Once the judge arrived, we all stood until he was seated and D was walked over to the defense side of the courtroom. The only thing Michelle did was explain the charges to D, which the judge repeated. After this, an attorney for the department of human resources stood and went through D's educational history- that he has been asked to leave four different residential facilities due to behavioral issues (assaults).
There was a lot of discussion about what the sentencing would be. Michelle asked for 1-2 years at a detention youth correctional facility (DYC). The defense attorney didn't agree with that and came up with something else that the judge didn't like. In the end, the judge sentenced him to 6 months at the DYC, after which he will attend a locked residential facility. He will not be allowed in a public school setting.
The judge said that now that D has DYC on his record, next time he is in front of a judge (which the judge even said that there is a very high probability that it will happen given his record), he will be sentenced to the maximum available at the DYC for a juvenile, which is a 2 year sentence. By the time that future case gets to a judge, he will be close to 18 years old, an adult.
So, nearly a year later, things have wrapped up and it feels good. God has taken care of me the entire way through and it's been awesome to see His faithfulness.
God is good.
I am so sorry that you had to go through all of this. But I'm glad to hear that there has been a resolution! I'm guessing this is why you tried calling us last week, and I'm so sorry that we never called you back. I just get so wrapped up at the hospital all day, and no cell service in Kira's room. Anyway, we miss you guys and hope to see you soon! ((( HUGS)))
ReplyDeleteI just read through this and a few of your posts about what happened. I'm so sorry :( You are such a strong person to be doing what you're doing. It can't always be an easy job to do, and yet you still seem to love it. There definitely need to be more people like you in the world. Again, I'm so sorry, and I'm so glad that you are okay.
ReplyDelete