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A statement from mom of the child in the video:
Despite being just 6 years old and autistic, my son bravely testified but was subjected to questions far beyond his developmental level—questions the defense exploited. What 6-year-old can recall what they had for lunch or a statement they made eight months prior? This treatment was deeply unfair. My son should not have had to testify, especially with clear video evidence, and the judge should not have placed so much weight on the testimony of a 6-year old. Judge Sharon Burrell’s decision on 11/25 felt predetermined and dismissed critical evidence, leaving my family and me deeply disheartened. Her ruling did not make any sense and was a poor excuse to recuse herself from this case and protect MCPS. She had an attitude from the beginning, impatient and unsympathetic to my 6-year-old autistic son who was assaulted and has never been in court. Judge Burrell claimed my son displayed no outward signs of pain, ignoring both the video evidence and my son’s clear testimony about his suffering. Her dismissal of this evidence sends a dangerous message about the acceptability of physical violence in schools. He screamed and cried out when this 200-pound man grabbed him to force him to sit down, then stomped on his foot as if he were crushing a bug or putting out a cigarette. My son, who is barely 50 pounds and has very narrow feet, experienced intense pain—how could he not? The feet are incredibly sensitive, containing approximately 8,000 nerve endings. To give a clear depiction of the video Judge Burrell referenced: it begins with Andrew grabbing my son by the hoodie, pulling him backward toward a cafeteria table seat to force him to sit down. When that wasn’t enough, Andrew turned his back to the camera and stomped on my child’s tiny foot. Then, like a true abuser, Andrew sat next to his victim, wrapping his arm around him in a manipulative attempt to stop him from crying and to deflect attention from the situation. This makes me wonder—what else has he done to my son or other children throughout his career if he felt emboldened enough to assault a 6-year-old with a disability in a crowded cafeteria, on camera, and unprovoked? All of this happened because of a misunderstanding and my son needing to use the bathroom multiple times during his lunch hour. This ruling not only failed my son but also failed to protect other children from similar abuse. It is imperative that school systems implement stricter protections against physical violence by staff. Andrew had more than 100 different approaches he could have taken to get my kindergartener to comply—he did not need to abuse his authority and resort to physical violence. The fact that my son was physically assaulted by his principal so early in his schooling, combined with the possibility that Andrew will continue working with children, is both terrifying and disheartening. |
| Thanks for posting that statement from the mom. Even if its half true, which I think it is, he should not be working with kids. Its not fair to make a 6 year old testify 8 months later. They should have done a video statement at the time of the incident. And, its shameful schools deny kids using the bathroom (which I know is true as it happened to my kids who had accidents at that age due to it). |
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I sat in court for the trial and feel compelled to respond to Moms statement.
First, the decision for her son to testify is a parent decision. If she didn’t want her son to testify she should have not allowed it. He testified because parents permitted it. Her son did not provide clear testimony and was clearly confused on the stand. I agree he should never have testified but that’s what the parents permitted. The video is not clear. We all saw in the courtroom that Mr. Winter stomps his foot but we did not see any contact made. Moco360 has not been fair with the reporting of this at all. You cannot see any contact made. The judge in making her ruling pointed out that the child does not react as if contact had been made. Mom provides clear proof of that when she shares the 8000 nerve endings which only supports the lack of a reaction and the judges decision. If her son was in such intense pain why did he not see the nurse? Why didn’t the assistant principal send him to the nurse when she learned of the accusation. The AP admitted he never went to the nurse. Mom is also slanderous to Mr. Winter expressing thoughts that he has harmed other children when there is no proof whatsoever that has occurred. Again, I was in court that day heard the testimony, saw the video, and it was clear that this was a very poor case that never should have gone to trial. Judge Burrell clearly felt even in the most favorable light that the prosecution did not present clear evidence, nor witnesses that provided credibility that a crime occurred. |
As a parent of a 8-year-old child with ASD Level 3, this screams of a statement written by a personal injury attorney that's upset they won't get their big pay day, not of a parent of a child with special needs. |
This is heartbreaking. I cannot believe mcps is allowing him back in a school and judge Burrell should be ashamed of the decision made |
+1 |
it's your word against that of multiple reporters |
+2 |
False!!! Only one reporter at the courts from Moco360. Other news agencies just lifted the one article. |
This article is from last summer and it sounds like is based on court documents which cite the police investigation.
https://www.fox5dc.com/news/principal-maryland-accused-assaulting-student-during-lunchtime |
NP. And the police report turned out to be wrong. A judge watched the video and didn't see any "causing the student to cry immediately." Why cite to an article based on a statement of charges (an accusation) when we've had a trial which found the facts weren't as charged. |
The judge's attitude toward the testimony of a 6 year old about events that occurred months ago tells me they are either biased or ignorant |
The testimony of a young child is rightly suspect. For one, they were obviously going to be coached before taking the stand. And even adult testimony is often poor evidence, with biases, mistaken recollections, and blatant falsehoods coming out. |
Sounds like the defense attorney is here |
The judge was both. Let this happen to your child and see how sympathetic to the alleged abuser you are. This whole thing is absolutely disgusting and Andrew winter should not be working with children ever again |