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Post by hypnoticgenes on Dec 26, 2007 16:27:11 GMT -5
Child endangerment charge against former teacher dismissed
Sean Keen Herald Staff Writer
CLINTON — Tuesday brought vindication for a former Washington Middle School teacher who resigned last June.
A charge of child endangerment causing serious injury against Gene R. Gonzales, 49, of 2738 N. 11th St., was dismissed Tuesday.
Court documents said information gathered during depositions conflict with the original complaint and affidavit.
These conflicts are cited as grounds for dismissal.
Gonzales was accused in connection with an incident that occurred in April 2006 while he was teaching a physical education class.
Court records accuse Gonzales of breaking a 13-year-old disabled boy’s arm during a class in the school’s wrestling room.
The police affidavit alleges that students were playing a wrestling game called “hole in the ice” when Gonzales joined the game.
Gonzales was wrestling with a mentally disabled child, who told the teacher to get off of him multiple times, the document says.
Court records allege Gonzales initially refused to release the student, and he finally relented when another student told him to do so. Gonzales was kneeling when another student shouted “give him the people’s elbow.”
The “people’s elbow” is a professional wrestling move where the wrestler jumps on an opponent while driving his elbow into the opponent’s body.
According to court records, as the student attempted to get up off the mat, Gonzales performed the “people’s elbow,” dropping his full body weight onto the student, breaking the student’s arm.
Gonzales resigned in June 2006, after serving the district for nearly a decade.
He taught middle school math, physical education and health. He was also an assistant sophomore football coach and assistant varsity wrestling coach at Clinton High School.
Gonzales was arrested in October and charged with child endangerment causing serious injury, a class C felony, punishable by a maximum of 10 years in prison.
The case against Gonzales was dismissed based upon the information gathered during the deposition of the alleged victim and two physicians.
During deposition, the alleged victim agreed that the injury was the result of an “unfortunate accident,” contrary to his initial statement.
In addition, the emergency room physician said the victim’s injury did not to appear to have been caused by the receipt of “the people’s elbow.”
The state consulted a pediatrician with expertise in the field of physical abuse that agreed with the emergency room physician’s opinion.
“The investigation showed that the incident in my physical education class for which I was charged was not intentional as stated in the motions filed by the state,” Gonzales said. “The accident did not happen as originally alleged.
“It was an unfortunate accident which occurred while I was participating with students in a P.E. game. Many other teachers have played the same game in P.E. I am truly sorry that one of my students got hurt,” Gonzales said.
Credit- NoDQ.com
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Post by Bullhead on Dec 26, 2007 16:29:49 GMT -5
I see a Burning Hammer in someone's future.
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Post by Citizen Snips on Dec 26, 2007 16:30:09 GMT -5
Check him into the Smackdown Hotel!
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chiefdom
Don Corleone
1/2 of the FPEL Tag Team Champions
Posts: 1,523
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Post by chiefdom on Dec 26, 2007 16:30:23 GMT -5
' The “people’s elbow” is a professional wrestling move where the wrestler jumps on an opponent while driving his elbow into the opponent’s body.'
Interesting definition...
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Post by Mister Pigwell on Dec 26, 2007 16:31:00 GMT -5
Slimeball.
That's all I have to add to this.
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Post by Tyfo on Dec 26, 2007 16:33:22 GMT -5
IF YA SMEEEEEEEEEEEEEEEEEEEEELLLLLLLLLLLLLLLLLLLLLLALALALALALALALALALAAAAAAA WHAT THE TEACH..........IS COOKIN!
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TuneinTokyo
Hank Scorpio
The Mountain from Stone Mountain
Posts: 6,431
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Post by TuneinTokyo on Dec 26, 2007 16:34:40 GMT -5
I say he gets an extra year if they find out he looked into the crowd and took off his arm band.
I laughed throughout the entire story.......
I love how a middle school student yells give him the peoples elbow and he does it.
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B.A.
Grimlock
Posts: 13,335
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Post by B.A. on Dec 26, 2007 16:34:54 GMT -5
' The “people’s elbow” is a professional wrestling move where the wrestler jumps on an opponent while driving his elbow into the opponent’s body.' Interesting definition... baloney
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Post by Tyfo on Dec 26, 2007 16:35:58 GMT -5
I like to imagine that he stood over the student, did all the arm movements, through the elbow pad, and then proceeded to bounce off a wall, jump over the kid, bounce off another wall, and then drop the elbow.
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Post by RedSmile on Dec 26, 2007 16:40:06 GMT -5
what a weird story
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default
Bill S. Preston, Esq.
Blames Everything On Snitsky. Yes, Even THAT.
Posts: 17,056
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Post by default on Dec 26, 2007 16:43:57 GMT -5
The kid should've hired the APA to take The Teach out complete with JBL dragging him to the showers for some "soapy fingers".
Ridiculous stuff. I don't remember any of my gym teachers playing any games with us, minus non-contact stuff like pitching for softball, capture the flag in the woods or playing basketball.
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Post by hypnoticgenes on Dec 26, 2007 16:56:26 GMT -5
The kid should've hired the APA to take The Teach out complete with JBL dragging him to the showers for some "soapy fingers". Ridiculous stuff. I don't remember any of my gym teachers playing any games with us, minus non-contact stuff like pitching for softball, capture the flag in the woods or playing basketball. What no Dodgeball?
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Post by Dynamite Kid on Dec 26, 2007 17:33:01 GMT -5
Uh, that is so NOT what the People's Elbow is. It barely grazes your elbow...
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Post by gsguy on Dec 26, 2007 17:38:05 GMT -5
Slimeball. That's all I have to add to this. Your too kind to him. The sad thing is he'll probably get a lighter sentence because the child is disabled.
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Legion
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Post by Legion on Dec 26, 2007 19:24:37 GMT -5
He wont be getting a sentence, the case has been thrown out. Do try to keep up.
While he obviously did break the childs arm, i wonder why a child would call for a people's elbow in 2006? It may indeed be a case of incorrect evidence clouding a really stupid accident. The teacher shouldnt have joined in and put himself in a situation where he could hurt his pupils, accident or not.
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Above Average
Wade Wilson
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Old School Tope Con Fiveo!!!
Posts: 25,137
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Post by Above Average on Dec 26, 2007 19:34:17 GMT -5
The teacher was just doing his job as laid out beforehand. He was supposed to go for the People's Elbow and drop the elbow too. However, the kid messed it up. The kid was meant to move out of the way, get up and hit the Stunner as the teacher gets back up.
In conclusion, the kid "sandbagged" him.
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Cranjis McBasketball☝🏻
Crow T. Robot
Knew what the hell that thing was supposed to be
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Member is Online
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Post by Cranjis McBasketball☝🏻 on Dec 26, 2007 19:42:28 GMT -5
AGAIN??
This must be an olderish story. I know I read it before.
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Post by gsguy on Dec 26, 2007 19:46:51 GMT -5
He wont be getting a sentence, the case has been thrown out. Do try to keep up. While he obviously did break the childs arm, i wonder why a child would call for a people's elbow in 2006? It may indeed be a case of incorrect evidence clouding a really stupid accident. The teacher shouldnt have joined in and put himself in a situation where he could hurt his pupils, accident or not. Wow, I missed the "case dismissed" part. Unreal. This judicial system baffles me sometimes.
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Grendel
Bill S. Preston, Esq.
But ... why is all the rum gone?
Posts: 17,593
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Post by Grendel on Dec 26, 2007 19:52:39 GMT -5
I'm surprised that Vince hasn't hired this guy and teamed him up with Stryker ...
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Post by Dynamite Kid on Dec 26, 2007 20:02:50 GMT -5
They did. And his name was...
JOHN CENA.
AND THAT MAN WENT ON TO BE WWE CHAMPION.
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