CANTON TWP. (WWJ) - The mother of a Canton Township boy facing an assault charge for throwing a ball at another boy while playing a game at a school wants the case dismissed.
The Wayne County Prosecutor's office announced charges against the 10-year-old on Tuesday, saying he intentionally threw the ball at a 9-year-old boy who suffered a concussion and cuts to his face.
Cameishi Lindley, the 10-year-old boy's mother, says the charges against her son, Bryce, are an act of racism and have no basis in the law.
"My son is not a criminal. He was a little boy playing a game of dodgeball at school, a childhood activity that is as American as baseball and apple pie. If every child that played a game of dodgeball and threw a dodgeball at another kid was thrown in jail, the vast majority of our country would be behind bars," she said in a statement. "The criminal charge against my son is ridiculous, racist, un-American and unlawful. The only thing my son is guilty of is being a black boy."
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, Bryce 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 Bryce as a juvenile with aggravated assault, a misdemeanor charge in adult court that carries a one-year jail sentence.
The 9-year-old reportedly has a pre-existing medical condition that makes head injuries especially dangerous. Attorney Maurice Davis, who represents Bryce, says the key in this case, though, is consent.
"He received some pretty severe injuries, according to the documentation I received, but my client had no intention of injuring him," Davis told WWJ's Charlie Langton. "He was playing a game and the victim was actively participating in that game. The point of the game is to throw the ball toward another individual. So, if you're actively participating in a contact sport like that, a person can't be charged with any type of assault because there's consent."
Davis said a child simply cannot face criminal charges for participating in a game at school. He wants the case dropped immediately.
"If the school intends to hold this child criminally liable for a dodgeball game, then the prosecutors need to bring charges against all of the teachers and school employees that initiated the game, allowed the children to participate in the game, and supervised them during the game," Davis said in a statement. "These charges are ridiculous and we demand that the charges are dropped immediately or we will pursue a civil case for malicious prosecution against the state attorney for charging him and will pursue a civil claim against the school."
Bryce is scheduled to appear in court on Thursday for a pre-trial conference at the Lincoln Juvenile Hall of Justice.
