8 year-old assaulted on bus. Advice plz.

RezClone

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Has your son needed any therapy after the assault? Poor kid is probably scared to even ride the bus?
Not formally, TBH. He's a unique child, as they all are. In particular he is a generally fearless and resilient little guy. Maybe he doesn't understand what he should feel, and maybe it's on me for not making him see someone professionally. Idk. This situation sucks.
 
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DGC

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Im sorry that happened to your son. It sounds like you need to hire an attorney to represent you and your son. The standards to collect a settlement on the claim are a lot lower than to file criminal charges. My only other thought is did someone else get it on video, like another kid on the bus with a cell phone or tablet ?
 

Cyclonepride

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Several! Unfortunately the only adult is the bus driver, and she didn't see what happened. The problem is she told THE POLICE my son was at least partially at fault, or more specifically both kids were messing around and my son was hurt by accident as a result.

Keep in mind he assaulted another girl at school less than a month later. He is being charged for that, which really bothers me that my son doesn't get the benefit of the doubt. Not to mention he's literally a 16 year old teenager and my son doesn't even know how to tie his shoes on his own yet and still believe in Santa Claus for goodness sake!
Didn't see what happened, but then weighs in on what happened. Can't have it both ways
 

8bitnes

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Several! Unfortunately the only adult is the bus driver, and she didn't see what happened. The problem is she told THE POLICE my son was at least partially at fault, or more specifically both kids were messing around and my son was hurt by accident as a result.

Keep in mind he assaulted another girl at school less than a month later. He is being charged for that, which really bothers me that my son doesn't get the benefit of the doubt. Not to mention he's literally a 16 year old teenager and my son doesn't even know how to tie his shoes on his own yet and still believe in Santa Claus for goodness sake!
An 8 year and a 16 year old don't regularly "mess around" the imbalance between the two both physically and mentally squares all fault on the 16 year old. A bus driver is not qualified to assign fault
 

jmb

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Several! Unfortunately the only adult is the bus driver, and she didn't see what happened. The problem is she told THE POLICE my son was at least partially at fault, or more specifically both kids were messing around and my son was hurt by accident as a result.

Keep in mind he assaulted another girl at school less than a month later. He is being charged for that, which really bothers me that my son doesn't get the benefit of the doubt. Not to mention he's literally a 16 year old teenager and my son doesn't even know how to tie his shoes on his own yet and still believe in Santa Claus for goodness sake!
Kids are witnesses all the time.
 

RagingCloner

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Not formally, TBH. He's a unique child, as they all are. In particular he is a generally fearless and resilient little guy. Maybe he doesn't understand what he should feel, and maybe it's on me for not making him. Idk. This situation sucks.
JFC i wish i was that mentally tough! Can you contact the PD handling the other assault charge and inform them of this one as well?
 

8bitnes

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JFC i wish i was that mentally tough! Can you contact the PD handling the other assault charge and inform them of this one as well?
And the other victim. Multiple victims raise the level to aggravated assault. That would aide their case knowing there were circumstances that should have already led to the student not being in the building and able to reoffend
 

jmb

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Btw wo getting specific was this in iowa?
 

cowgirl836

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Several! Unfortunately the only adult is the bus driver, and she didn't see what happened. The problem is she told THE POLICE my son was at least partially at fault, or more specifically both kids were messing around and my son was hurt by accident as a result.

Keep in mind he assaulted another girl at school less than a month later. He is being charged for that, which really bothers me that my son doesn't get the benefit of the doubt. Not to mention he's literally a 16 year old teenager and my son doesn't even know how to tie his shoes on his own yet and still believe in Santa Claus for goodness sake!

yeah a 16yr old vs 8 yr old? Come the **** on. Can I ask what a CA is?
 

JM4CY

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It's definitely on the table. A good friend of works in the press, and he has local media connections as well.
Do it the right way. Don’t go the Facebook route. Done correctly it could really pack a punch. Wrongly, and it will get lumped in with all the other local Karen’s b*tching about the local school district.
 

cytor

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I hope your son is ok after all of this. I would definitely not let this go. Talk with your lawyer, perhaps another one.... and see your options. So tired of the system letting these violent individuals get off all the time.

BTW.... was the 16 year old kid last name Ferrari?
 

cyclone4L

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Several! Unfortunately the only adult is the bus driver, and she didn't see what happened. The problem is she told THE POLICE my son was at least partially at fault, or more specifically both kids were messing around and my son was hurt by accident as a result.

Keep in mind he assaulted another girl at school less than a month later. He is being charged for that, which really bothers me that my son doesn't get the benefit of the doubt. Not to mention he's literally a 16 year old teenager and my son doesn't even know how to tie his shoes on his own yet and still believe in Santa Claus for goodness sake!
First, I'm sorry that this happened to you. This sounds like a freakin' disaster.
My question... why is the justice system using the bus driver's statement if she admitted she didn't see it? I'd fight like heck to get that evidence thrown out. I'd also try to have the physical camera and any tapes subpoenaed, because they may be lying (I have been involved in a lawsuit where the defendant lied about the evidence). If not, file a suit for incompetence on the school system for not recording when something happened... They have cameras for this very reason.
 

1SEIACLONE

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Sorry this happened, you need to talk to a lawyer to see if anything can be done. For sure I would be having a conversation with the district, the person in charge of busing and telling all of them, something like this better never happen again.

Most districts have camera's on the buses these day, but you would be surprised at how many of them do not work. It used for more as a deterrent than anything else, hoping the thought that it may be on camera will stop things like this happening. If they do work, most only record up to 5 days or so and then are recorded over if there are no complaints. Hate to say it but cameras and upkeep cost money are not a high priority for many districts.
 

RezClone

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I'd pick #1, and if you our concerned about lawyer costs, contact a firm that would do the case on contingency, probably 30 percent of settlement!
We went that route immediately. He is a good attorney, maybe not the most prompt in dealing with us I'd say. But I can't say he's doing a bad job either, at least so far. He is doing this on contingency, so everything is on his own dime right now. I can't afford a retainer for something like this right now.

So I'm trying to balance my instinct to protect my son with an understanding that the wheels of justice move slowly in a situation like this. It's very emotionally taxing and stressful to say the least.
 
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