[Local
News]
A former principal of Hogansville Elementary School has been
found guilty of simple battery for slapping a 5-year-old autistic
boy at the school.
Peggy Smith, who faces a possible 12 months in jail and a $1,000
fine at sentencing April 14, admitted she slapped the child after he
head-butted her chin and hit her in the ear.
Id never done anything like this before and I dont know why I
did it, Smith testified at her non-jury trial last month.
State Court Judge Jeannette Little had delayed issuing a verdict,
saying she wanted to review case law submitted by both sides.
Im obviously disappointed. ... Theres no better word for it,
said Smiths attorney, David Dunham of Griffin.
The judge called this morning to inform him of the verdict.
Thats a shock, Troup County schools Superintendent Roy Nichols
said this morning. Theres no way I would ever have anticipated
such a ruling. Im not a judge or lawyer, but I thought
pre-meditation and intent to do harm was necessary. But I guess Im
wrong.
At the trial, solicitor Jack Kirby had compared it to slapping an
old person or a pregnant woman, adding, The condition of the victim
makes it all the more important that it be treated seriously.
On Oct. 23, the student had been playing outside and threw a
tantrum when a teacher took him back into the building.
Smith sat in a chair and pulled him onto her lap, telling him to
calm down, but he butted me with his head under my chin, Smith
testified. It was pretty hard. It hurt my whole jaw. I slid out of
the chair and laid my hands over his. I was on my knees in front of
him, and he tried to bite me. He jerked my hand away and hit me in
the ear. I hit him on the side of the face.
Dunham called the slapping an involuntary, instantaneous action
that was in self-defense. He said his client was a victim of
prosecutorial second-guessing and hindsight.
Smith, 50, has been reassigned as a technical support specialist.