Charges upheld against teens accused of abusing deaf boy

A Fulton County judge has found probable cause to charge two teenagers with sexually assaulting a 10-year-old boy on a school bus.

The decision came after more than an hour of testimony from a Fulton County school detective and the former bus driver who once took the kids from North Fulton County to the Atlanta Area School for the Deaf in Clarkston, Ga.

Detective Nicole Wright testified her investigation determined the 16-year-old suspect sexually assaulted the 14-year-old boy and the 10-year-old, and that both teens attacked the 10-year-old over a four-month period ending in January. Wright testified the allegations came to light only after the 14-year-old came clean to his mother about the situation.

Atlanta Area School for The Deaf

"He felt remorse about what he'd done to the 10-year-old," she testified, saying the boy had been "caught on the bus," and thought he'd get in trouble.

Wright said she tried in vain to interview the former bus driver Ella Holland about what she recalled about the incidents. One of the students told Wright that Holland had caught the boys touching and said: "no more touching."

On the stand, Holland denied ever saying that and said she ever witnessed the assaults taking place. Holland testified the bus was small and only held six students.

"I didn't hear anything unusual," Holland testified, when asked if she'd heard screaming or crying on the bus. "I never saw that."

Holland testified the school system terminated her because of the incidents a few weeks ago.

Attoeys for the boys, whom we aren't identifying because they are juveniles, argued that if an eyewitness didn't see something, then it should call into question whether it happened. They also pointed out that the teen's stories were conflicting at times.

In a statement, District Attoey Paul Howard said he was still weighing whether to try the teens in adult court.

"We are also closely evaluating the conduct of the bus driver to determine whether any crimes chargeable under Georgia law were committed," Howard said. "If so, we plan to charge the driver appropriately."

A Fulton County schools spokeswoman sent Channel 2's Mike Petchenik a statement about the situation. It said:

"This is an alarming and difficult situation. As soon as we leaed about this case from the Clarkson Police, we began an investigation. To protect the privacy of all involved and because this matter is about students I've been advised not to discuss the details. It's a tragedy any time a child is hurt in any way but the allegations in this case are particularly troubling. FCS is committed to the safety of all students and takes that commitment very seriously. We will maintain our obligation to do what's right for all children."