Former Chesterfield teacher accused of assaulting students is acquitted
ELIZABETH FARINA/MEDIA GENERAL NEWS SERVICE
Patrick Simmons and his defense attorney, Michele Chiocca, react to his acquittal on three charges of assault.
Former Chesterfield County science teacher Patrick H. Simmons said he plans to teach again after his acquittal yesterday on charges that he assaulted three Tomahawk Creek Middle School students by pushing them against a wall during a fire drill.
A visibly relieved Simmons, 29, said he appreciated the not-guilty verdict delivered by Judge Bonnie C. Davis yesterday after a 3½-hour trial in Chesterfield Juvenile and Domestic Relations District Court.
"It's what happened, and she agreed with me what happened," Simmons said of the judge's determination of the Jan. 30 incident. "Being a teacher is very difficult -- especially in a day when everyone is held to accountability standards.
"And Chesterfield County does an excellent job in holding kids accountable [for] doing things, [but] this one slipped through. But that happens in a large school division."
Simmons has not worked for the school system since Feb. 27, said schools spokesman Shawn Smith. He was arrested early last month and charged with three counts of assault after the mother of one his accusers called 911 on Feb. 3 to report that her son had been assaulted by Simmons four days earlier.
The judge cited difficulty in assessing the testimony of several students who gave sometimes conflicting statements about the incident, which occurred as dozens of students were filing back into school after a fire drill.
But Davis said it was apparent that a "roughhousing"-type disturbance did occur outside the school and that Simmons was within his legal rights as a teacher to use "reasonable and necessary force" to quell it to prevent physical harm to students or damage to property, as state law allows.
"I can't find that it was unreasonable what he did," Davis said.
Simmons' three accusers, in slightly differing accounts, said the teacher grabbed them by the hoods of their jackets and/or by their hair before pushing or shoving them against the school's brick exterior wall.
One boy said he suffered a lump on the back of his head and headaches during the weekend after the incident, prompting his mother to take him to a physician for treatment. Another boy claimed Simmons grabbed his hood with such force that it left a 3to 4-inch red mark around his neck.
But two other students testifying for the defense said they didn't see Simmons push anyone against a wall, although he did direct five unruly students to stand temporarily against a wall. The students testified that Simmons merely was trying to break up the disturbance and that he grabbed two of the unruly students by their shoulders to separate them.
Simmons, who also serves as a Boy Scout leader for Troop 869 in Midlothian, denied he pushed any of the students against a wall. He said he intervened when the students' behavior began to escalate after two boys who were pushing and jumping on each other almost fell over from the horseplay.
After the students ignored repeated commands to stop, Simmons said, he walked into the middle of the group and "pushed" two of the students apart.
The episode was partially recorded on a school surveillance video that was acquired by police and shown in court yesterday. But the video did little to clarify what happened.
"You're going to see that there's not much to see," prosecutor David Rigler said.
Simmons said he ended up giving office referrals to seven students for misbehaving, which defense attorney Michele Chiocca suggested was the reason three of them accused him of assault.
"We were really lucky in this case to have kids that came forward to tell the truth," Chiocca said after the hearing. "And as a result of those kids, I think that we got the result that we did. They all came . . . forward by themselves."
Simmons was suspended from his post at the school after his arrest. Smith said that as of Feb. 27, Simmons was no longer employed by the school system. Smith declined to elaborate.
Contact Mark Bowes at (804) 649-6450 or
.
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Reader Reactions
I know this man. He is a caring individual who goes to bat for the underdog, often at a cost to himself. He tries to help children feel that someone cares. little is said about how he extends himself to these children both in and out of class. The numerous children that he has helped know what he did for them.
(science project help,money for lunch, ensuring someone had proper clothes for a dance, snacks in the classroom for hungry children, nomanating a child who has reformed his behavior for student of the month to recognize his change and show the child that he was noticed). It is a rare person that understands that children who are hungry can not learn and that children need encouragement to achieve success. In the different schools he has taught, he has done these things, never for credit, only for the children.
Did he leave other schools? yes for more pay. Who can fault him there. wouldn’t we all. But the implications in these posts are alway negative.
He was in a no win situation. If he stood back and did nothing,and someone got hurt, he would have been charged with Negligence. Funny how after the children were facing Suspension that charges were brought. I am a parent and if I thought he did to my child what they said he did, he would have been arrested the day it happened, not 4 days later, after they were in trouble for their behavior. I wonder were the children ever diciplined for the behavior during the fire drill? or did they get off due to all the fuss about the teacher. Nice lesson for the kids!
I’m guessing this guy is not in the Sunday edition for being the highest paid school-system rep.
/ Hold the children accountable for their actions. Lessons are taught first at home! Let us see the parents.
Thank God there are some students and their parents that still have the guts to stand up and tell the truth in cases like Mr. Simmons. Anyone that knew the details of this story knew this was ridiculous in the first place and hopefully the truth would eventually come out. Luckily, justice did prevail but at what cost?
At issue - a respected and caring teacher lost his job. As a Boy Scouts Leader ( and former Eagle Scout) is was expelled from Scouting due to the charges. Additionally, he was forced to leave two of his other extra service activities until “proven innocent.“ Basically, under our process of law the accusing party can ruin someones life and has no recourse. This must change!
The family that started this process should be held accountable for their false accusations and pay for their injuries to Mr. Simmons (both mental and financial). Additionally, they should be made to make a public apology for almost destroying Mr. Simmons career and life. Lastly, the County of Chesterfield needs to apologize for selling this poor man down the river and letting him hang. Both the
Education Department and the Magistrate should be embarrassed by their roles in this witch hunt and some need to resign their posts.
This was a pitiful display of political cowardice and needs to be exposed. At least the Judge was smart enough to dismiss this case as overwhelming evidence to the contrary. Thanks to a competent defending attorney and a few of Mr. Simmons’ courageous students that stepped forward to tell the truth - justice prevailed. But again at what cost?
Now that the truth prevailed, the accusers that wasted taxpayer’s time and money, almost ruined a man’s life, and refused to admit they lied after the trial should be held accountable. Unfortunately it probably will not happen and another teacher will be lost to a system that you are Guilty until proven Innocent.
To SHE: I totally agree with you. Another thought,if this had been a real fire, he would been placed in the position of trying to protect other innocent kids who were doing what they were told, while trying to protect these unruly kids. Perhaps if there had been a real fire, these kids would have been a little more responsibile..but we will never know that.
This story leaves me with such feelings of great regret. From the beginning, this site was peppered with postings from locals who knew Mr. Simmons and felt they could freely denegrate his reputation before he even had a hearing. Now that he has been exonerated, where are the postings with the most important thing he can hear from a number of folks: I’m sorry. I appologize. Will we hear this from the students and their families who are responsible for this? Sadly, no. Despite the thousands of dollars Mr. Simmons has spent earning certifications and advanced diplomas in order to be a highly qualified teacher, his reputation has been trashed by the families who have brought suit against him and the people who have made careless postings about him on this site. The most ironic feature of this story is that he was trying to protect the students from hurting THEMSELVES, not to mention other students. For this, Mr. Simmons has had to incur great legal expense and the public humiliation of news releases and job termination. It is my hope that Mr. Simmons will find employment so that he may continue to follow his chosen profession, despite this most public and unfortunate test.
To Bob: I hope that parents who read these blogs will take a moment and say thanks to the good lord for children like your daughter who want to take on one of the most important jobs in this world (at least as far as I am concerned…teaching their children. You should be very proud!
I am the mother of a former teacher in another local school system. I say “former” teacher, because after eight years of teaching, she, unfortunately, came to the sad realization that she was going to have to change careers, not just for her sake, but for her family as well. That was a very hard decision for her, because each new year she totally fell in love with her kids and they absolutely adored her. During those eight years, she worked in an area where things were really bad economically and in addition to academic struggles, many of the children also had a tough home life. I remember many times when she would take a child home because nobody showed up to pick the child up. I remember one year when she took food for her kids for breakfast when school started because the breakfast program was delayed. I remember her spending her own money so that kids could go on a field trip. I also remember her spending her own money on supplies for her kids. She absolutely loved being a teacher, but she sadly came to realize that the politics and red tape that surrounds our school systems overpowers any role a willing, capable teacher could have in a child’s life. She spoke often of the challenges that she and other teachers faced when they felt it necessary to discipline child.
When she and her brother were growing up, as their parents, we understood that it was our responsibility to teach them how to conduct themselves. We also tried to instill in them the importance of being courteous and respectful to others, especially adults.
Sadly, when I hear about situations such as this one, it makes me realize that as a mother, I am glad that my daughter got out. Are there bad teachers out there, absolutely? But, there are also good teachers, like my daughter, who love children and want to make a difference. Teachers certainly don’t go into the profession for the money or the glamour. What are we as a society going to do when the day comes that no one want be a teacher? What does that mean for us as a nation? We have a lot of problems in this country right now. We had better wake up and see where our priorities should be. Parents need to wake up also. It is a different time than it was when a kid’s role model was someone like Beaver Clever or Opie. The role models and influences that children have today are nothing short of scary. Parents today face a lot of challenges and I think most parents are stepping up to the plate in facing those challenges. The ones who aren’t better get it together for the sake of their children.
I close by saying that although I feel that these kids were wrong in their actions, they are kids and it is up to their parents to do the right thing. My philosophy is that most kids are product of their environment.
OUT TO MAKE A BUCK! The parent who called 911 obviously saw this as a golden opportunity—-it just took her/him a few days to realize it! In these hard-pressed economic times, we should all be on our toes. Watch your kids and your pets folks. I am not sure why Mr.Simmons was releived of his duty just a week before the trial. Has CCPS adopted the guilty until proven innocent policy? Certainly it is the other way around for students. Will this students be permanently expelled for ruining this man’s career? They should be! I HOPE that Mr.Simmons and Ms.Chiocca are preparing for further litigation. I doubt the parents that brought forth the charges have a pot to p- in, given their mentality of waiting 4 days to complain and then calling 911—-they probably had to wait for someone to tell them they were missing a golden opportunity. It is doubtful that Mr.Simmons will be able to assess any monitary gain from sueing the parents for destroying his career and reputaion. HOWEVER, the parents should be forced to spend some sort of jail time or complete community service. It is high time that we put an end to all of this frivolity in the legal system. The courts need to be given the power to immediately invoke punishment to the accusers when a case is brought in that is unfounded. Maybe then people will think twice before they take the legal road. My experience has been that most attoneys will take any case so long as they get paid or gain some noteriety. They don’t appear to have any vested interest in stoppping this nonsense. As for CCPS, I hope that Simmons and Chiocca will proceed with a lawsuit seeking personal and professional damages. MAYBE then the financially ailing CCPS will learn it is in THEIR BEST INTEREST to adopt the policy of backing their teachers rather than their parents. As a teacher myself, I see this sort of thing happening every day. The school wants to keep peace with the parents so they don’t pursue legal action. Maybe if students came to school knowing that the school had the power and wielded real punishment, we would have more students who behaved! Kids get a real power rush when their parents come to school to take the administration on! It is sad, but frequently the adminstration caves to the parent’s wishes and the cycle starts over. A huge amount of teaching time is lost every day in dealing with parents and student discipline. There is no more rewarding job than teaching students who want to learn! If teachers were unionized in this state, I am certain this incident would have never even made it to court.
Teaching and morale will improve in our schools when Administrators start standing by their teachers. I do not want my child (whom I raised to respect authority) in an unruly classroom becasue the teacher is afraid to assert discipline on children whose parent are too lazy to teach their kids respect at home. Why should unruly students allow to continue their behavior with no consequences and effect my child’s education? I want a teacher like Mr. Simmons teaching my child!
I’m glad this teacher was vindicated! Unfortunately, public schools are tough places to work with little discipline and unruly students/punks.
On the other hand…..I blame Chesterfield Police and magistrates who are always quick on the draw and arrest people on just a scrap of information….......
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