COLUMBIA, SC (WSPA) – The Fifth Circuit Solicitor Dan Johnson released a report on the arrest of a Spring Valley High School student.
Johnson says that there is not sufficient probable cause to warrant criminal charges against former deputy Benjamin Fields, but it says the sheriff was withing his rights to terminate Field’s for his conduct.
<a href=”https://mgtvwspa.files.wordpress.com/2016/07/sled-investigative-flie-no-32-15-0130-spring-valley-matter.pdf”>READ THE INVESTIGATION FILE HERE</a>
He also says that charges against the student will not be prosecuted.
He says that once administrative action was taken against school personnel and the officer was fired, prospective jurors may conclude that they acted improperly.
Johnson says “the likelihood of proving the student guilty beyond a reasonable doubt diminishes significantly to the point that it is no longer in the interest of justice to pursue prosecution of the student.”WHAT HAPPENED?
Richland County Sheriff Leon Lott says a disruptive student refused to leave after the teacher asked her to.
An administrator was called and asked the student to leave, when she refused a school resource officer was called.
When the student again refused, the Sheriff says the officer forcefully removed the student as she resisted arrest.
The officer then wraps a forearm around her neck, flips her and the desk backward onto the floor, tosses her toward the front of the classroom and handcuffs her.
Lott pointed out at a news conference that the girl can also be seen trying to strike the officer as she was being taken down.
The deputy also arrested a second student who verbally objected to his actions. That student will not be prosecuted either.WHAT HAPPENED BEFORE THE VIDEO?
The investigation file says the Algerba teacher told them he had asked the student to put away her phone.
The teacher asked students to take out their Chromebooks and do work on a website.
The student was access was accessing her email and the teacher said he had control of the computer and logged her out of it 3 or four times remotely.
He said he approached the student and she had her phone in her lap, at which point he asked her to give him the cellphone.
The teacher says she then told him to “get out of her face.”
He then wrote a discipline referral and asked to her to gather her things and leave the class room. She refuse and he contacted a school administrator.
That administrator asked her multiple times to leave and refused to comply. That administrator then called the deputy.
The deputy asked the student several times to leave and when she refused, he told her she was under arrest for disturbing school.
That’s when the altercation started and the deputy had to call in another deputy to make the arrest.
You can read the witness statements from the students in the class as well as the student that was arrested <a href=”https://mgtvwspa.files.wordpress.com/2016/07/sled-investigative-flie-no-32-15-0130-spring-valley-matter.pdf”>HERE</a>