Last month, a state appellate court issued a written opinion in a California juvenile case involving an altercation between a student and a school peace officer. The court ultimately concluded that the prosecution’s evidence was insufficient to prove that the juvenile committed battery and resisting arrest.
According to the court’s opinion, an administrator found a student cutting class in the library. The administrator attempted to take the student to the assistant vice principal’s office, but the student initially refused. Eventually, the student followed the administrator. Along the way, the student encountered the school peace officer, who was called when the student initially refused to come to the principal’s office.
Evidently, the student had a history with this particular officer involving a formal complaint that had been made against the officer by the student’s father. The school reviewed the complaint, but the officer remained at the school. On the day of the incident, the officer testified that he initially verbally “encouraged” the student to go to the principal’s office, but the student would not go. Instead, the student used his phone to call his father, asking the officer to speak with his father. The officer declined.