Oakland High School security guard handcuffs, strikes and dumps a student from wheelchair

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**MrDwhitey**

http://www.sfgate.com/crime/article/Oakland-High-guard-charged-in-abuse-of-student-in-5515229.php

(05-29) 21:09 PDT OAKLAND -- An Oakland High School security guard has been fired and charged with child abuse for allegedly handcuffing, punching and dumping a student out of his wheelchair, school officials said Thursday.

Marchell Mitchell, 23, and a second school resource officer at Oakland High School were urging students who were running late to go to class about 9 a.m. May 19. Mitchell encountered freshman Francisco Martinez, who has cerebral palsy and uses a wheelchair, officials said.

Mitchell ordered the student to move toward his next class, but the student "either refused to comply or was slow to do so," Principal Matin Abdel-Qawi wrote in a letter to parents.

Mitchell then took the handles of Martinez's wheelchair and pushed him toward class, prompting Martinez to object and try to slap away the guard's hands, officials said. Mitchell then handcuffed Martinez and continued to roll him, and the student turned around in his wheelchair and spat in Mitchell's face, authorities said.

"The security officer then struck the student several times before dumping him from his wheelchair onto the floor, at which time another security officer intervened to restrain his partner," Abdel-Qawi wrote.

Oakland schools police investigated the incident and arrested Mitchell. Alameda County prosecutors have charged him with inflicting corporal injury to a child, a felony. He is free on $10,000 bail and is to appear in Superior Court in Oakland on June 16.

The Oakland Unified School District, which had hired him in November as a substitute security guard, fired him the day of the incident, said spokesman Troy Flint.

"I'm shocked and deeply hurt by this behavior and apologize on behalf of the staff at Oakland High," the principal wrote. "This incident is not reflective of the kind of culture we cherish at our school or how we treat one another."

He added, "It was an aberration, but a severe one, and I assure you I'm treating this with the utmost concern."

Well, his parents are gonna sue. I'm glad to see that the other officer, upon getting over his shock restrained the first one, and that the school itself seems to be doing the right things.

Apparently, reading into comments I've seen made about this, pushing someone's wheelchair without their consent can be construed as kidnapping. Or assault, or something.

**-Shrike-**

Well, if the student refused to move, I don't see how pushing his weelchair is a problem. Wouldn't they just march any other student to their class?

Once that guy got the handcuffs out, it's a whole different story. That officer was a douchebag, plain and simple. He deserves what he's got coming for him.

**curran12**

Shrike, if the story was about a student who could walk being pushed and dragged to class physically, you can be sure that would be just as egregious. Just because it is easier to push someone around on a wheelchair (no pun intended given this case) does not make it any more okay.

But I agree, the officer is a violent ass, a bully with a badge. And he is going to rightfully get the hell punished and sued out of him.

**Jimsolo**

curran12 wrote:
Shrike, if the story was about a student who could walk being pushed and dragged to class physically, you can be sure that would be just as egregious. Just because it is easier to push someone around on a wheelchair (no pun intended given this case) does not make it any more okay.

But I agree, the officer is a violent ass, a bully with a badge. And he is going to rightfully get the hell punished and sued out of him.

i don't have a problem with a security officer gently pushing/physically leading my child to a class. The school authorities have (or should have, at any rate) the authority to use reasonable discretion to know when and where it's warranted.

Clearly of course, this guy didn't, so in this case the school/the authorities need to prosecute this guy with inquisitorial efficiency, in order to restore some kind of discipline (among school authorities) and trust (among parents/children).

**ironicsilence**

Well that escalated quickly, i kept reading the story expecting to see something that would warrant such a violent response, but it seems more likely this guy was on an ego trip and found someone that he could impose his will on

**Albatross**

The kid DID slap him and spit in his face. Just saying. Still excessive, mind.

**Medium of Death**

I was thinking that. Wee gak would probably get a slap from quite a few people if he did that. Obviously it wouldn't make it right, but getting spat on usually provokes a strong reaction.

Boy gets asked to go to class.

Refuses to go to class.

Guard starts pushing his wheelchair.

Boy slaps guard

Guard cuffs boy

Boy spits in guards face

Beatdown ensues.

News reported.

Posted on dakka.

Victim blamed.

Feels better than expected.

**MrDwhitey**

It says he either refused or was too slow. Then the officer started pushing his chair without permission, which frankly is somewhat akin to someone picking you up and carrying you without permission.

Boy then slaps away guards hands, not his face, to try make him stop something which apparently can be construed as assault or even kidnapping (really? That's what some people claimed. Anyone know?).

Guard responds by handcuffing him, which is inexcusable at this point. Boy then spits at guard, and is viciously beat down. Considering he has cerebral palsy and may have severe issues communicating, at this point spitting at the assailant is possibly all he could do.

**Bromsy**

Don't spit in people's faces if you aren't ready to take a punch.

Instead, scream "bad touch!" at the top of your lungs or "I am being kidnapped by a pervert who touched me" or something.

- and as someone who had a lot of contact with mentally handicapped folks, just because you are handicapped doesn't mean you can't be an donkey-cave too. We had a handicapped kid send in a bunch of bomb threats and try to pin it on a girl because she turned him down when he asked her out.

**LordofHats**

Bromsy wrote:
Don't spit in people's faces if you aren't ready to take a punch.

Instead, scream "bad touch!" at the top of your lungs or "I am being kidnapped by a pervert who touched me" or something.

"Help! Help! I'm being diddled!"

Alternatively, this is an excellent chance for a Monty Python reference; "Come see the violence inherent in the system! Help help I'm being repressed!"

**Bromsy**

LordofHats wrote:
Bromsy wrote:
Don't spit in people's faces if you aren't ready to take a punch.

Instead, scream "bad touch!" at the top of your lungs or "I am being kidnapped by a pervert who touched me" or something.

"Help! Help! I'm being diddled!"

Alternatively, this is an excellent chance for a Monty Python reference; "Come see the violence inherent in the system! Help help I'm being repressed!"

It works super well with school folks. Me and some of my buddies were racing pickles down the wall, the vice principle came up and like put his hand on my friend's shoulder and starter to chastise us and my buddy screamed "BAD TOUCH" at the top of his lungs. Dude just turned around and walked away.

**LordofHats**

Some girls in my mom's last school attempted to do that to her. Unsurprisingly, it doesn't work as well when used on a 50 year old Army wife who doesn't take no gak

**Medium of Death**

I dont know, if people wanted to carry me places when I was late I'd be fine with that...

I don't disagree that the guard getting fired was the right decision, I just feel that perhaps the kid is a bit more capable than we are led to believe. Then again who knows... or indeed cares? It's resolved itself as best as it could.

**Bromsy**

LordofHats wrote:
Some girls in my mom's last school attempted to do that to her. Unsurprisingly, it doesn't work as well when used on a 50 year old Army wife who doesn't take no gak

Yeah, I think males have a lot more fear of that sort of thing, one way or t'other.

**MrDwhitey**

Yeah, to be honest it was resolved by the school and police just fine. Which is nice.

**morpheuschild**

MrDwhitey wrote:
It says he either refused or was too slow. Then the officer started pushing his chair without permission, which frankly is somewhat akin to someone picking you up and carrying you without permission.

Boy then slaps away guards hands, not his face, to try make him stop something which apparently can be construed as assault or even kidnapping (really? That's what some people claimed. Anyone know?).

exactly. most people who use wheelchairs get extremely offended when someone tries to push their chair without being asked to do so, and most will not ask unless they really need the help. it's a matter of dignity. the guard/cop should never have touched the kid's chair.
and, as noted, people with cp often do have trouble communicating, which unfortunately often leads to them being treated as mentally deficient by the ignorant. of course, the way people in wheelchairs in general are treated is often quite saddening.
my ex-wife is an amputee, and often used a wheelchair when we'd go out anywhere that we'd be doing a lot of walking. one time at the mall, we decided to get something to eat. she was in line ahead of me, and after several minutes waiting in line, it was her turn to get served... and the guy on the other side of the counter looked right over her head at me and asked what he could get me. i just pointed at her and said 'she's in front of me, take care of her first.', but i wanted to reach across the counter and slap him silly...

**Daemonhammer**

Why does a high school need security guard?

**Bullockist**

I cannot believe no one else has seen the real problem here. The real problem is Americas Value System is being degraded! How you ask? The principal is an A-rab (and probably a commie too).

Spit in someones face you should get beaten down , it's the ultimate insult , not to mention a potential disease hazard.

**hotsauceman1**

And not listen "GO TO CLASS"

**Bullockist**

See! This is a lad whos' principal was not an A-rab !

He follows authority figures directions and stuff.

**SagesStone**

-Shrike- wrote:
Well, if the student refused to move, I don't see how pushing his weelchair is a problem. Wouldn't they just march any other student to their class?

Once that guy got the handcuffs out, it's a whole different story. That officer was a douchebag, plain and simple. He deserves what he's got coming for him.

If he suddenly and quickly pushed him while he was moving the wheels it could have hurt his arms a bit causing him to object in the first place. You don't just push someone, you ask first.

**Bullockist**

He had already asked.....

**SagesStone**

Did the kid say yes?

**Bullockist**

As evidenced from the guard pushing him the kid essentially said no. Come on mate, just because someone is handicapped does not mean they should be treated differently to others.

**SagesStone**

The point I'm getting at is would anyone else be picked up and carried to class by this guy? Escorted yes.

**Kilkrazy**

As is clear from the school authorities' reaction it was not the policy to physically restrain and coerce students to bring them to their classroom.

I don't see why it should be, frankly. Violence is sometimes justified to prevent violence but it is not an appropriate tool for resolving peaceable everyday situations.

What happens in a lot of these cases is that the security personnel gets angry because someone is not respecting his authoritah.

**A Town Called Malus**

Bullockist wrote:
As evidenced from the guard pushing him the kid essentially said no. Come on mate, just because someone is handicapped does not mean they should be treated differently to others.

It says "refused to comply or was too slow to do so". Have you ever seen someone with Cerebral Palsy? They do not move fast.

Depending on the severity the child could have reduced function in their arms as well as their legs.

**Grey Templar**

Daemonhammer wrote:
Why does a high school need security guard?

Because High School kids do stupid/illegal things like drugs, tobacco, or just fighting with each other.

I blame the lack of actual discipline both at home and at school.

**Jihadin**

If the kid was in Glee Club.............