Sixth grader accuses principal of assault

Updated: 12/18/2013 6:59 AM | Created: 12/17/2013 10:23 PM
By: Caleb James, KOB Eyewitness News 4

A 12-year-old boy says a schoolyard game at Grant Middle School ended with his principal slamming his head against a wall over and over again.

The boy says he was just trying to alert adults about a problem at recess when the principal took it out on him.

It happened on Friday and the boy was taken to the hospital.

His family says they even filed a police report with Albuquerque Public Schools on Friday. But APS tells KOB the principal is still on the job because witnesses are still being interviewed and the report is not ready.

Miguel Baray is a sixth grade student at the school.

"I put my head down, and I was scared," Miguel said.

It started with a basketball. Miguel was playing with his friends, and there was an argument during the game. He went to tell the school principal.

He says he simply tapped the principal to get his attention.

"On the shoulder two times," demonstrates Miguel.

In a flash, Miguel says a scuffle over a basketball turned into a scuffle with his principal.

"He grabbed me and slammed me into the wall four times," Miguel said. "I wiped my face because spit was flying."

It was over in a second, but Miguel was stunned and embarrassed.

"My head is hurting, can I go to the nurse?" Miguel recalls asking. "He said no."

Without permission to see the school nurse, Miguel sat in class for hours in pain, until the final bell.

"I came straight to my mom's room and I told her," said Miguel.

Miguel's mom, Tena, said he came home Friday afternoon upset.

"He was teary eyed and I asked him what was wrong," she said.

When she found out what happened, Tena immediately sprang into action.

"No child should be afraid to go to school and feel like it's OK for a teacher, a principal, or any staff member to touch them inappropriately," she said.

Tena took Miguel straight to UNM Hospital and called APS police.

"They met me at UNM Hospital," she said.

Doctors told the family Miguel had a mild concussion.

"I'm pressing charges on him," Tena said.

Tena says what happened to Miguel should be an example. She says she knows standing up against what happened may attract negative reaction.

"I'm not worried about what other people think," she said.

Tena said she wants other kids to know they can be brave and speak out like Miguel.

"If he would do this once, he'd probably do it more than once," Miguel said.

Miguel says the APS police detective handling the case told him not to go to school on Monday, and he didn't.

He did go back to school Tuesday.

APS tells KOB no one told Miguel to stay away from school, and a spokeswoman would not tell us when an official report about the incident would be completed.

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