CANTON TWP. (WWJ) - Prosecutors have dropped an assault charge against a 10-year-old Canton Township boy who threw a ball at a classmate while playing a game at school, causing him to have a concussion.
Wayne County Prosecutor Kym Worthy dismissed the case on Wednesday, less than 24-hours after initially announcing the charge, saying facts that played into the decision have not, due to ethical rules, been released.
"While the charge in this case is certainly sustainable, I have instructed my staff to dismiss this case today," Worthy said in a statement.
The boys were playing a game during recess on April 30 at Eriksson Elementary School called "Tips," which uses a rubber ball similar to a dodgeball but does not involve throwing the ball at other players. During the game, the players are in a circle and everyone tosses a ball in the air and players must catch the ball while jumping off the ground, according to the prosecutor's office.
Once the game was over, the 10-year-old took the ball and intentionally threw it with force, causing the 9-year-old boy to suffer a concussion and abrasions to his face, according to prosecutors. The younger child's mother made a complaint to police and after reviewing evidence in the case, prosecutors charged the older child as a juvenile with aggravated assault, a misdemeanor charge in adult court that carries a one-year jail sentence.
Worthy said much that was reported about the case was inaccurate. Many expressed outrage that a child would face criminal charges over a game played at school; the 10-year-old boy's mother called the charge "ridiculous, racist, un-American and unlawful."
"I will never try our cases in the court of public opinion or outcry," said Worthy. "Petition drives, protests, and other public so called pressure certainly have their place in a democracy. But they should never impact what is done in a case and should not affect outcome. Justice always should."
The older child was never arrested. Worthy said efforts were made to resolve the matter before the case ended up on her desk for a charge consideration, but the families could not come to an agreement.
"I have no doubt that both families involved love their children and want the best for them. But I do think that there is a better way to go forward at this time. And the cooperation of all parties is needed," she said. "It is my earnest hope that both sides will come back to the table to work out a solution that benefits both of these children."
