Charges against teacher tossed

Fulton judge says defendant accused of hitting two pupils didn't intend to harm them.
Friday, July 25, 2008
By Kathy Coffta Sims
Staff writer

A Fulton City Court judge has dismissed the charges against a special education teacher who was accused of striking two developmentally disabled students in May 2007.

Judge Spencer Ludington said in court Wednesday that he did not think Gracia Thompson, 45, of 56 W. Third St., Fulton, intended to harm thestudents.

Thompson was facing two counts of endangering the welfare of a child, stemming from incidents in the spring of 2007 at Lanigan ElementarySchool in Fulton.

"I believe it is fair to suggest that this was a reaction to the behavior of an aggressive child," Ludington said.

Thompson's lawyer, James Eby, told the judge that Thompson, who has been at the district since 1999, was assigned to students who have profound mental and physical disabilities. He said the students often have tantrums and throw objects at, scream at, hit and spit at theirteachers.

He said the incidents that resulted in charges against Thompson involved two students, one of whom is profoundly disabled. He said Thompson was trying to teach that student, a 7-year-old, how to urinate in the toilet when he turned on her and spat at her.

"She did smack his upper thigh a few times to redirect him to the task at hand." Eby said. He said that student had no signs of physical injury and was never seen by a nurse or doctor.

A teacher's aide brought the incident to the attention of the district and they conducted a thorough investigation, Eby said. He said the district came up withan appropriate administrative remedy and that when Thompson returned to the classroom, she received a letter from the boy's mother, welcoming her back.

Oswego County Assistant District Attorney Gregory Oakes told Ludington that the mother did not have the full story of what happened when she wrote the letter.

"She regrets having written that letter," Oakes said. "Now that sheis aware of what happened, she certainly has a different opinion."

Oakes said that the boy's mother spoke to two aides who told her she didn't have the full story of what happened that day in the classroom. It was then that she went to the Fulton Police Department.

Eby said in the second incident Thompson put up her hand to prevent a5-year-old child from butting his head into her head or body. He said she reacted with a defensive motion and did not intend to hurt thechild.

Eby said Thompson's account of that incident was confirmed by an aide who was present in the room when it happened.

Oakes, who had offered to let Thompson plead guilty to two counts of second-degree harassment, told the judge that witnesses to that incident said Thompson was frustrated and hit the victim three or four times in the back of the head, saying "How do you like it?"

"That's acting out of anger and frustration," Oakes said.

But Ludington, who read aloud from several of Thompson's performance evaluations, said that he did not believe that the evidence showed that Thompson acted in any way that was injurious to the child.

He said that neither student was treated by a doctor or nurse for any injuries and that by all accounts, Thompson was a person of good character who was an asset to the Fulton school district.

Earlier in the proceeding, Eby questioned whether the district attorney's office had allowed the evidence in the case to be considered by a grand jury.

"It's clear to me there was no grand jury involved. Therefore, the subpoena that was issued was improperly issued," Eby said. "This is a bunch of baloney. I ask the court to put an end to this matter, hereand now."

Ludington agreed with Eby."There is absolutely no evidence that a grand jury was properly impaneled to review this matter," the judge said. "The district attorney has no authority to issue grand jury subpoenas.

"Thompson had been reassigned to the district office when she was charged. Late last year, Superintendent William Lynch said Thompson would not be allowed back into the classroom until the court proceedings against her were resolved.

Lynch was not available to comment on Thompson's status on Thursday.