Chattahoochee High School principal Timothy Duncan returns to work Friday with his record cleared.
State Court Judge Victoria D. Moran on Thursday dismissed simple battery charges against Duncan after he was accused of slamming a middle school student against a wall in anger last September.
Moran, after listening to testimony and watching a video of the incident, ruled that Duncan had immunity, which would allow him to touch a student to maintain order.
“I am not sure she thought a battery occurred,” said Vic Reynolds, Duncan’s attorney. “She cited the immunity statute that he was acting in good faith. He was trying to maintain order, structure and discipline.”
Duncan had been charged with simple battery on allegations he slammed 13-year-old Calvin White Jr. in a school hallway on Sept. 25.
The incident occurred on a Sunday when a group of middle school students were at thehigh school as volunteers to set up for the Taste of Johns Creek, an annual event featuring food from local restaurants.
White told police the students had been lured to a classroom to see a fake cadaver, but started running away when someone startled them. He said Duncan then grabbed him in the hallway. Duncan said he believed the students were running wild.
In court Thursday, White testified that Duncan forcefully grabbed him on the neck.
Duncan, who at times appeared agitated on the stand, demonstrated that he grabbed White on his shoulder and shook his finger in his face.
Richard A. Newman, a police officer, testified after viewing videotape of the incident that Duncan was “walking with a purpose, with long strides, pointing. His body language indicated that he was angry.”
The video did not show White and Duncan at the moment when the physical contact allegedly occurred.
“I wanted to get his attention,” Duncan said from the stand, “to let him know he could hurt himself and others and he needs to stop.”
Standing outside of the courtroom afterwards, White and his mother, Theresa Thomas, expressed disappointment in the outcome.
“Justice wasn’t served,” Thomas said. “The judge did not see that my son was assaulted.”
Duncan left the courtroom refusing to speak with the media.
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