A Fulton County School system principal, accused of slamming a 13-year-old middle school student against a wall, will see his day in court in January.
Charged with simple battery, Tim Duncan, the principal of Chattahoochee High School, received a motion for continuance, after he showed up in court Wednesday without an attorney.
"This turned into a much bigger event than I thought it would be," said Duncan, about his decision, prompted in part by a warning from the judge, to get an attorney. "I feel I will be vindicated."
According to a Fulton County Schools Police Department incident report, witnesses say Duncan, pinned the teen against the wall and put his hands around the youth's neck on Sept. 25 after the student was caught running in the halls.
The incident occurred on a Sunday when a group of middle school students were at the high school as volunteers to set up for the Taste of Johns Creek, an annual event featuring food from local restaurants. According to the incident report, witnesses said Duncan put his hands on the 13-year-old after seeing students run down the halls.
Duncan has been a full-time principal at Chattahoochee High School since 2004.
Samantha Evans, a spokeswoman for the Fulton County Schools, said Duncan has remained in his position. She said investigations by the system's employee relations department and the Department of Family and Children Services found no reason to discipline him.
"That means there is no reason for him to be on any kind of leave," said Evans, adding that could change depending on the outcome of the case.
"Clearly, any allegation we get, we will take it serious," Evans said.
The 13-year-old's mother, Theresa Thomas, said her son attends Taylor Middle School.
"This has taken a toll on him and on my family," Thomas, a medical administrator from Johns Creek, said. "I just want to see justice for my child. My son is going to be affected for life by this . . . It was totally wrong and something needs to be done about it."
She said her son is scheduled to attend Chattahoochee High next year but added, "I would be fearful to even have him there."
Fulton Schools Police Capt. Richard Newman wrote in the incident report that after interviewing witnesses and watching video of the incident captured by security cameras, he found probable cause to sustain a charge of simple battery, a misdemeanor, against Duncan.
Duncan is to appear in the North Magistrate Court of Fulton County at 10 a.m., the incident report said.
The family’s lawyer, Ashleigh Merchant, expressed surprise that Fulton County Schools Police did not arrest Duncan or require him to post bond.
“I’ve never seen it happen with a person charged with a battery or a simple battery -- ever,” said Merchant, a former public defender who handled felony and misdemeanor cases in Fulton County. “It’s legal, but unusual.”
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