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KINGWOOD – Melissa Kent, a former teacher at Bruceton Elementary School, accepted a deferred adjudication agreement in the Magistrate Court of Preston County on Wednesday on a charge of maltreatment of a disabled child.
A deferred adjudication is a legal mechanism in West Virginia where a court may defer acceptance of a guilty plea for a felony or misdemeanor and release the defendant under specific terms and conditions, such as probation, counseling or treatment programs (West Virginia Code §61-11-22A). The purpose is to provide an opportunity for rehabilitation while delaying formal conviction.
A criminal complaint was filed by state police in April after the Preston County Prosecutor’s Office received a report of child abuse/neglect concerning a juvenile identified as C.D., who has an autism diagnosis. The report alleged the victim was having a "meltdown" at school and was later taken to a "calm down room," a small empty office space. The door was shut, and the victim was left unsupervised at times or with an aide posted outside the door.
The 9-year-old victim’s mother noticed sores on his knuckles, and the victim stated the injury happened at school on March 25. The criminal complaint stated the child could be seen being dragged and pulled down the hallway by the wrists and arms to be placed in the empty room, according to video footage. In a audio and video timeline provided by Preston County Schools from inside the classroom, Kent was recorded as saying to the child, "I’m going to slap you in the mouth one of these times, and that is what you deserve."
According to the term of the adjudication, Kent is required to be subject to unsupervised probation; participate in counseling; complete anger management; and complete 16 hours of education in working with children with disabilities. If she successfully completes the deferred adjudication, she can file a motion to have the crime(s) dismissed without objection by the state.
If she fails to successfully complete the deferred adjudication, the state may file a motion requesting that the court proceed with the entry of adjudication and sentencing.
Hearings for Jessica Hunter and Leah Nolan, two former aides at the Bruceton Elementary School, who were also allegedly involved in the maltreatment case, were rescheduled for Jan. 25 at 2 p.m. to allow their attorneys to view additional video evidence.
According to their criminal complaints, Nolan could be heard telling the student, "You’ll spend the whole day in that room, keep it up," and “keep your mouth shut." The women were also seen on the hallway camera dragging the victim by his arms down the hallway to be placed in the empty room. The complaints allege that the student would be placed in the empty room for an unreasonable amount of time.
In a victim impact statement, C.D.’s mother expressed her disappointment in the system. She wrote that her son, who is autistic, depends on the adults around him to understand when he is struggling and provide the support he needs. Supports were developed specifically for him and were supposed to help adults understand his needs and respond appropriately when he struggled, she wrote, instead, those supports were not followed and the strategies intended to help him were replaced by threats, punishment and repeated isolation.
"Investigators later found that recommended supports were not being implemented and that his plans were not properly followed. He was told to keep his mouth shut. He was threatened with spending all day in the room. One aide made a comment about taping his mouth shut, and he was told that he deserved to be slapped in the mouth," she said.