Wednesday, May 14, 2008

Man accused of battery

Magdalena Municipal Schools

Audry Olmsted El Defensor Chieftain Managing Editor

Superintendent said substitute teacher is no longer employed with

A Magdalena substitute teacher who allegedly battered a student last week in a boys restroom is no longer employed by the school.

"He is no longer employed here, period, in any capacity," Superintendent Mike Chambers said of Howard Billy Jr.

Billy, 39, of Alamo, is charged with one count of aggravated battery, a third-degree felony for allegedly grabbing a 14-year-old boy around the neck and slamming him into a wall. The incident occurred on May 6.

Billy had issued the boy a referral the day before the reported incident for being disruptive in class. As a result, he was given two days of school suspension.

According to the complaint, Billy followed the teenager into the boys bathroom on May 6 during second period and confronted him.

A witness in the restroom reported hearing Billy say, "What now!" and the teenager reply, "I don't know."

The witness then heard a loud thump, according to the complaint, and looked out of a stall to see Billy with his hands around the teenager's neck. The teenager reported that Billy grabbed him around the neck and slammed him against the wall.

According to the complaint, the teenager went to the school nurse the next day and was treated. The teenager reportedly sustained a mild concussion in the bathroom.

Billy was questioned about the incident and a written statement from him was given to the school.

According to the complaint, Billy stated to mid-high principal Regina Lane that, "the child was in his space and he needed to know who was boss. No one gets in my space!" Billy also stated, "Sometimes I don't know how strong I am," according to the complaint.

The complaint said Billy had been written up by Lane on March 5 for allegedly slamming a student into a chair.

Chambers said Billy worked as a substitute teacher for various classes at the schools.

Billy is scheduled for a first appearance before Magistrate Jim Naranjo on Wednesday, May 28, at 1 p.m.

aolmsted@dchieftain.com

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