Another update- The officer came to my house to speak with my son, but told us this prior to speaking with my son:
The police officer went to the teachers home to speak with them. The teacher (the wife of this man) said he wouldn't be home until the next morning. Apparently he works evenings. Anyway, the officer asked her if she was willing to speak to him about the situation. She said she had no problem speaking with him.
The officer told us she said she and her husband were hanging a bulletin board on the wall closest to the windows. The windows were closed for the summer (maintenance does something so they can't be opened) so she couldn't yell down to them to stop throwing rocks. (The officer then asked her to describe the kids she saw...at which she identified 3 of the 4 kids total who were present. She wasn't able to identify my daughter other than saying a little girl but DID identify the 3 boys by name as apparently she has subbed at the school before.) She stated that she saw all 3 boys throwing rocks. She said she told her husband to go down and tell them to stop because she couldn't open the window.
She said she didn't see anything, but that her husband came back to the room and she asked him what happened. He said "I asked them who was throwing rocks and (my son) said he didn't do it and tried to walk away so I grabbed his arm and said "Don't walk away from me when I'm talking to you". I told him to knock it off because I saw him do it..." at which the officer told her he needed to advise her she has now incriminated her husband so she needed to be aware of this before she spoke anymore. She said "ok" and then said her husband said "I probably shouldn't have grabbed his arm like I did but I wanted him to listen to me...next time I should just let them break the window!" She then asked the officer what exactly would happen with charges etc. and he told her it all depended on how (sorry, can't remember the state title of the person) decided to proceed based on the statements and possible charges that were incurred.
He then sat at our kitchen table with my son and took a recorded statement of exactly what happened. He asked my son to describe the man in question, had him explain in great detail exactly what was said to him, how he grabbed him etc. When he got finished describing the assault the officer then asked him if anything else happened. My son then began to tell about how the man made the inappropriate gesture to him and my daughter but he couldn't even talk about it....he broke down in tears.
He didn't even want to talk about it. The officer told him it was ok to cry, and take a few breaths, and try to tell him the best he could. He said "he grabbed his privates" and said "whatever you little punk...do it again and next time I'll kick your (insert explicit word)!"
My husband had to leave the room he was so mad. The officer shut the recorder off and said "I'm so sorry young man this happened to you...I want you to know that this is NOT ok, and you did a great job telling me what happened. Now don't worry, your parents and the police will take care of it from here." The officer actually had tears in his eyes.
We sent my son outside to play. We then talked to the officer a bit and he basically said "this guy apparently has never had HIS (insert explicit word) kicked, but I sure wish I could".
We all agree that what it sounds like is a situation of him knowing an 11 year old simply can't fight back, nor SHOULD they ever have to...so he decided to "punk out" (as the officer said it) an 11 year old to play tough guy against someone with no fighting chance of winning.
They are now going to get statements written up by the other witnesses and then take it all back to... (is it a prosecuting attorney???) or whomever decides what charges are to be filed.
I'll keep everyone posted! Thanks so much for sticking this out with me I appreciate all of the support!
(please tell me someone else knows what I'm talking about)...
it's wierd to see him in Daddy Day Care, Haunted Mansion,etc.
