On Nov. 24, First District Court Judge Leah Ruskin threw out a third-degree assault charge against Alisha Patrick, a 16-year-old black student. The girl could have faced a year in jail if convicted on the misdemeanor.
Patrick, an honor student, was charged with assaulting a classmate, Evan Kagan, also 16, who is white, in a hallway confrontation at the high school on Feb. 10.
In a written decision, the judge said the case lacked evidence that she intentionally inflicted physical harm. Referring to Patrick's commendable academic record as well as references about her "high moral character," the judge wrote, "A dismissal of these charges would enhance public confidence in the criminal justice system. The public would view the system as concerned about individual defendants on an individual basis."
The judge further stated that Kagan "has a history of bullying and aggression against both his teachers and classmates as evidenced by his school file."
The judge also said the girl, "an African-American high school honor student, could have been the victim of a hostile environment at the school due to racial bigotry by other students, including the complainant, a white male."
Patrick's attorney, Kevin Palmeri, said, "I believed in my client 100 percent. I also believed that Judge Ruskin in the end would see what this case was really about. And she did. Judge Ruskin made a legally and morally correct decision to dismiss this case...The judge was right on the money."
According to Palmeri, Kagan was flinging candy wrappers at his client and taunting her. She left the room and moments later felt her knapsack being tugged, which hurt her neck. He said she defended herself against his attack.
Palmeri said the boy also hurled racial slurs at the girl, an accusation the Kagan family strongly has denied.
At the time, Kagan's mother, Sharon, said the pen was thrust into her son's chest with such force that it pierced his heavy jacket and two shirts he was wearing. He was taken to a private physician for treatment of his wounds.
The girl's father, Paul, said at the time that his daughter, who is also a peer tutor and mediator at the high school, was being taunted by the boy for two months leading up to the Feb. 10 incident. But the boy's mother said at the time that the girl's family and attorney were drumming up lies against her son in an attempt to get the assault charge dismissed. She said the girl had threatened to beat her son up and said she's proud of her son for using tremendous restraint.
