Friday, Sep. 18, 2009

Belleville West students charged with felonies after school bus attack

Teen tells his side shortly before arrest

BELLEVILLE -- Charges were filed against two juveniles Friday after an attack on a bus headed to Belleville West High School.

According to St. Clair County State's Attorney Robert Haida, one juvenile, 14, was charged with three felony counts of aggravated battery. The other, age 15, was charged with two felony counts of aggravated battery and one misdemeanor count of criminal damage to property.

"No evidence is present to suggest that the motive for the conduct was the race of the victim," Haida said, referring to the possibility of a hate crime. "Illinois law requires such evidence in order to support that charge. Illinois law is clear that the fact that a defendant and victim are of different races is insufficient without more evidence to support a hate crime charge."

Haida said the investigation continues and there remains a possibility of others being charged in connection with the attack.

In addition to the two suspects accused of punching and choking the victim, several other students were suspended from the high school following the incident Monday morning. The video shows others on the bus cheering on the attackers and one student using a cell phone to take pictures of the bleeding victim.

Because of the nature of the charges, the suspects cannot be tried as adults, Haida said.

A detention hearing would take place after both students were in custody. At least one already was Friday afternoon, according to his father.

The 14-year-old ninth grader who is seen on a videotape punching another student on a Belleville West High School bus was taken into custody Friday afternoon by Belleville police.

The arrest occurred shortly after an interview with the Belleville News-Democrat, during which the youth, who is black, said he didn't start the fight but threw the first punch. He said a 17-year-old student, who is white, started the fight by knocking his books to the floor and then sitting next to him and jabbing him with an elbow.

The 14-year-old was arrested about 2 p.m. by Belleville Police and taken to the St. Clair County Juvenile Detention Center, said his father, Joe Fisher of Belleville, who was present during the interview.

"I got a call from a woman at the Belleville Police Department," he said. "They're probably going to hold my son until Monday. They said something about assault, but I don't think they have a warrant. ... It's nonsense. They know it and I know it."

The ninth grader said the older student entered the bus and walked to the rear area and told the 14-year-old to move his books, and when he didn't, the 17-year-old pushed them to the floor.

"He told me to move my stuff, and then he pushed my stuff on the floor and sat down. I told him to pick up my books and he didn't say anything. He elbowed me, so I pushed him back. He pushed me again and then I started hitting him," said the youth, who has been suspended from school for 10 days. He receives his homework at his residence.

During the interview, the 14-year-old said that after the fight on the bus broke up, he picked up his books and moved to another seat. A videotape of the incident released by police shows this to be true. After about five minutes, another student moved toward the seat where the white student was sitting and began punching him while other students appeared to be laughing and clapping. At one point, the 14-year-old moved between the second hitter, who is also black, and the other student, as if to break up the fight.

After the second hitter resumed the punches, a student identified as Steve Raines stepped forward, pushed him back and restrained him. The 14-year-old said he handed a tissue to the white student, who was bleeding.

The 14-year-old said that what he later saw on Fox News was an edited version of the videotape that made it seem like there was one continuous fight.

"They pumped it up and they made it seem like something it wasn't. They made it more than it really is," he said.

Joe Fisher said that, according to what he saw on the raw, unedited version of the videotape, it was the older student who started the trouble by knocking his son's books to the bus floor and then elbowing him.

"Why did they just (suspend) my son?" Fisher asked.

The videotape shows the white student walking to the seat and then sitting down. The books cannot clearly be seen. After that, the tape shows that both students were sitting side by side and shoving each other, but it isn't clear who started the shoving. The video shows the 14-year-old started throwing punches until the 17-year-old student fell partly into the aisle.

"There is no basis for an assault charge," Joe Fisher said. Contact reporter George Pawlaczyk at gpawlaczyk@bnd.com and 239-2625