An Eastlake Middle school student whose spit sailed out a school bus window and into a nearby sunroof says the landing was inadvertent.
The recipient of the saliva was so incensed by the act that he chased down the bus and pressed criminal charges.
Michael Crowe, 12, was suspended for five days in January, kicked out of Eastlake Middle School and is now facing a criminal charge of battery recommended by the Chula Vista Police Department.
Battery is defined in the state penal code as “any willful and unlawful use of force or violence upon the person of another,” and is listed among the requisite reasons for a suspension or expulsion in the state education code.
Michael was not expelled from the district, but was transferred to alternative education to finish out seventh grade.
Michael’s mother contends that her son spat his gum out of the window, and some of the saliva landed on the driver inadvertently. The school’s report of the incident indicates Michael aimed his spit at the car.
The following day, Michael was questioned and arrested by the school resource officer.
Michael was then asked to clear out his locker and leave Eastlake Middle after he was cited in school documents with willful use of force or violence upon the person of another and for disruption and defiance.
The Chula Vista Police Department would not release its report on the matter, only a brief summary. It identified the victim as M. Young, and indicated “the spit landed on his face and his daughter’s face.” The report places the incident at Clubhouse Drive and Hunte Parkway, near Eastlake Greens Golf Course.
Michael was scheduled to meet with a county probation officer Tuesday morning in Chula Vista as part of the criminal process, county documents show. His mother requested that the appointment be rescheduled as she appeals the misdemeanor charge.
In disputed juvenile cases, a judge determines whether claims against a juvenile are true. If valid, the charge remains on the youth’s record until the age of 18, at which point, the offender may request the record be sealed, Capt. Turner said.
Robert Fellmeth, executive director of the University of San Diego’s Children’s Advocacy Institute and former deputy district attorney and assistant U.S. Attorney in San Diego, said intent is key.
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www.Eastlaketimes.com is an online guide to Eastlake, California, a master planned community of Chula Vista.
Eastlake News, Sports, Business, Entertainment, Chula Vista Real Estate, and more.