Sunday, April 14, 2024

Calif. DA Refuses to Charge Teacher Who Physically Forced Student to Mask

'He feels stressed about wearing it in class...'

(Pamela Cosel, Headline USA) A California district attorney’s office has filed charges against the father of a child who allegedly was physically assaulted by school officials during a dispute over a coronavirus face mask.

However, Ventura County District Attorney Erik Nasarenko refused to file charges against the school officials who committed the alleged assault.

The family of Kamdin Hernandez, a 9-year-old who suffers from ADHD, has been the target of an investigation that has dragged on for nearly a year in the Simi Valley school district, even though the state’s face-mask requirement for schools has since been lifted.

On August 13, 2021, Kamdin’s teacher at the time, Leslie Prisk of Garden Grove Elementary School, forcefully pulled his mask up over his nose, according to RedState.

Kamdin told the teacher that he “can’t think” with the mask on and “that he feels stressed about wearing it in class,” said the report.

Prisk repeated those words in a phone call with Kamdin’s father, Timothy A. Hernandez, who recorded the conversation on his cell phone while driving to the school after Kamdin was forced by teachers and administrators to sit outside alone.

The Hernandezes allege that Kamdin was bullied further by the school’s assistant superintendent of educational services, Hani Youssef, who held a ball over his head while trying to force him to answer a question.

The incident has escalated this past year to the point of charges being filed against the boy’s father, while the Ventura County District Attorney’s Office chose to not file misdemeanor assault charges against the teacher who physically pulled up the child’s mask, touching him without permission.

According to California Penal Code 242, charges should be filed against the teacher because she 1) intentionally touched someone with force, and 2) the force used is perceived as harmful or insulting.

Tim Hernandez maintains that he did nothing to warrant any of the charges now filed against him. In fact, he added, statements made about him by the school principal, Nicole Perryman, were proven by his recordings to be false.

Vindictive school officials filed charges against Hernandez in June 2022, alleging that he “did willfully and unlawfully enter and fail to leave, and did reenter, the campus and facility of Garden Grove Elementary School following the direction to leave the facility by the chief administrative officer and his/her designee.”

Hernandez contends that he was at the school to pick up his son, at the direction of administrators. Other school employees have stated the man did nothing wrong while at the school.

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