No criminal charges will be filed in a March 9 incident where a Heatherwood Middle School teacher allegedly assaulted a student.
Constant changes in the stories told by eyewitnesses and the alleged victim were the main reason no charges are being filed, said Lorrie Towers, the city of Mill Creek’s contracted prosecutor.
“The stories changed significantly from their first interview to subsequent ones,” Towers said Tuesday, May 25. “That gave their statements diminished credibility, and we couldn’t establish the extent of any injuries. There’s no evidence that an assault occurred.”
In addition, the alleged victim never reported any injuries nor turned in photos of any bruises that may have resulted from an assault. A Mill Creek police report following the incident said the teacher allegedly threw the student against a locker.
“The evidence shows that if there was any physical contact, it was touching, trying to get a student to go in a certain direction,” Towers said. “There was no evidence of contact with a locker.”
There is a chance that the alleged victim could face a juvenile charge of filing a false police report. Tom Bruski, Mill Creek police’s school officer, will decide whether or not to ask county juvenile prosecutors to pursue that case.
Tuesday’s decision not to file charges ends an investigation that went on for more than two months. Police obtained a search warrant to obtain school records related to the case, and Towers said she spent a “long time” reviewing Heatherwood’s internal investigation as well as reports filed by Bruski.
“You want to make sure you are thorough for everyone’s benefit,” Towers said.
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