PHOENIX — A lawsuit involving a Phoenix teacher charged with assaulting a special needs student has been suspended.
Court paperwork obtained by ABC15 shows that the prosecution of the Victoria Martin case has been suspended to allow her to participate in the Maricopa County Attorney's Felony Pretrial Intervention Program.
The FPIP allows selected defendants the chance to undergo a treatment program before their trial begins. If they complete the program, the case against them is dismissed. If they do not complete the program, the case against them continues.
According to the Maricopa County Attorney's Office, 50 percent of any victim restitution that is owed must be paid within the first month of the program. The rest must be paid by the time the program ends, which is usually about a year.
MCAO says the program is paid for by the participants. For more information on the program itself see Sonu Wasu's report on ABC15.
Martin is accused of inserting a pencil into the "butt crack" of a preteen special need's student.
The assault reportedly occurred last November in the library of Justine Spitalny Elementary School near 43rd Avenue and Thomas Road.
The school librarian reported to police that she was reading to the students when Martin stuck the eraser end of a pencil down the back of the boy's pants, touching his buttock area.
The librarian told police that she realized what had happened after Martin did it a second time as the student was standing at the library counter.
Court records show that Martin called the incident “an error in judgment.”