TEMPE, AZ — A 13-year-old boy was punched and kicked repeatedly at a Tempe middle school, and his family is now considering legal action against the district.
A dispute over a dodgeball game led to a violent assault at Geneva Epps Mosley Middle School in Tempe, according to a police report, and the victim's family says campus security failed to intervene.
In April, Yessica received a text from her 13-year-old son saying something was wrong.
"They tell me he's been assaulted," Yessica said of her first interaction with the school that day.
Video of the assault spread quickly on social media. According to a police report, another 13-year-old hit Yessica's son from behind, knocking him to the ground. The report states the other boy "punches him on the side of the face approximately 10 times with a closed fist" and "got off the ground and kicked him in the face/neck 3 times while he was on the ground."
"He started kicking him, really, really strong and at that moment I could no longer watch it," Yessica told ABC15.
The family’s attorney, Nolan Tyler, says the victim has a physical limitation that prevents him from running straight and makes him prone to head injuries.
According to a Tempe Police report, a school resource officer was on campus and responded after hearing about the fight over the school radio. The report says school surveillance video shows approximately 30 students following the group before the assault began. The report goes on to say the victim was walking away from the other student when the attacker ran up from behind and struck him in the head with a closed fist, causing him to fall. Another student attempted to intervene before others stepped in to separate the two.
Tyler says it was a teacher who ran from his classroom and came to the victim's aid.
Yessica says a campus security guard was present but did not step in.
"The campus security just stood there. He could have done something. He could have reacted and prevented so much of the assault, and he did nothing. He just stood there," Yessica said.
Tyler says the victim's parents were not contacted until approximately 30 minutes after the incident, and that 911 was not called despite a hematoma forming on the victim's face.
Tyler is representing the family and says they are gathering more information ahead of a possible notice of claim against the district.
"It's not kids being kids," Tyler said. "This was a violent attack that the school took no steps to prevent."
The police report outlines head and neck injuries that Yessica says her son is still recovering from. Tyler says someone needs to answer for that.
"The school needs to be held accountable. Something needs to change," Tyler told ABC15.
Yessica says statements from the district are not enough.
"If they can't heighten security, they shouldn't have students because the wrong assault can end somebody's life," Yessica said.
Tempe Police told ABC15 they referred charges against the other 13-year-old to the Maricopa County Juvenile Court.
The Tempe Elementary School District told ABC15 Tuesday, "The safety and well-being of our students is the Tempe Elementary School District's highest priority. We are aware of an incident that occurred on the Mosley Middle School campus. We followed our District’s Student Code of Conduct with respect to the students involved, but can’t comment further due to student confidentiality.
We remain committed to maintaining a safe learning environment for every student."
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