Autistic 10 year old jailed for kicking para professional

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Thursday afternoon, John Benjamin Haygood had a status update hearing in Okeechobee.

During Thursday’s hearing, the state made it clear, prosecutors don’t want this case to go to trial. They offered the boy’s family another option, threatening if they don’t take it, more charges could be added.

They offered the family, once again, a diversion program.

“No matter what services are offered, none are going to address his issues at school,” said Stephanie Langer, Haygood’s attorney.
Langer said the solution is to take the criminal justice system out of the mix.
“I haven’t seen anything in the department of juvenile justice that’s actually going to address the problem which is how they’re reacting and acting in school. We’re not going to cure him of his disability,” said Langer. “He needs an evaluation to determine if he has a learning disability. He needs a behavioral program that actually is designed to help him an not escalate him. He needs an IEP, which is an individualized education plan.”

The family still plans on taking this case to trial.

If they do that, the state said on Thursday they’ll most likely add more felony charges, but didn’t give specifics.

“Legal bullying. I don't think it was appropriate to say that in open court. I don't think it's a way to get someone to take a plea,” said

When the prosecutor made this statement in court, Luanne Haygood shook her head, showing her frustration. However, she said she’s more concerned about where her son is going to school in the fall.

“I’m doing my part but I'm not getting a response from the schools at all,” said Haygood.
She said homeschooling is not an option.

“That’s a way for the school to not ever have to change and that's generally what people do, take ‘em out of school because they get tired of this,” said Haygood. “I choose not to and I don't have to. I'm a single mom and I'm working full time. I don't think it's in his best interest.”

If it were a high school student kicking someone, it would be understandable that they might get arrested. A 10-year-old? I would think they would at most get an out of school or in school suspension.

He's done way a lot more than just one kick. And if he's already this over the top violent now, how much worse is he going to become as he gets older? And the mother is just enabling him. If it keeps up she will probably be visiting him in a penitentiary ten years from now.

Oh. The way it was written made it seem like when he kicked it was just one kick.

One thing I took note of in the video the mother made of the arrest, is after the kid is put in the police car, she tells him not to hurt any of the police officers.

Which is hardly shocking as I would do the same to make sure my child doesn't get into worse trouble than he already is

The prosecutor on the case said they have and are still offering a diversion program which would mean no criminal record or jail time.

However, Luanne Haygood says that’s not nearly good enough, and that doesn't help her son deal with his disorder.

Her son, John Benji, was charged for battery on a school employee, something his mom says was an autism-related episode.

The sheriff’s office and the school district have yet to explain their policies and procedures when it comes to dealing with a child with special needs and discipline issues.

However, the prosecutor on the case says John Benji has had at least 55 other document incidents of physically aggressive behavior towards other students and teachers, which is why the State isn't dropping the charges.

Instead, the prosecutor offering a diversion program.

"They have yet to tell me what this diversion program would entail, what would it involve? How is it going to help John Benji that when he goes into school that these arrests aren’t made again.”

“If the child is extremely disabled and is unable to communicate with others, then it’s extremely unlikely that that program would have a benefit,” said license psychologist Dr. Raphi Wald.

He says it is possible a diversion program could be beneficial. However, it just depends on how high functioning the child is.

“If the child is high functioning, I think its possible that he could benefit,” said Wald.

Meanwhile Luanne says her son still hasn't been back to school, that they're waiting on the school
to find a suitable placement.

A 9-year-old special needs student named Zykayden was handcuffed to a chair at Winnsboro Elementary School.

His mother, Shrena Henderson, was heading to Monroe when she got the call to come pick him up.

"I noticed he was in the classroom by himself four adults surrounding him and he doesn't have on shoes and he is foaming on the mouth," said Henderson.

It was the end result of an episode, Zykayden says, started after he didn't want to do his math work.

"I had started throwing stuff and writing on a table then they called the principal and the principal called the police," said Z. Henderson.

According to the school's documents, Zykayden tried to headbutt and hit teachers.

At that point, Winnsboro Police Chief Willie Pierce said his officer took the appropriate actions, despite the department not having a policy for handling special needs students.

Henderson said her child is traumatized and accommodations should be made for kids with disabilities.

Henderson said Zykaden was suspended for five days and she is now planning to homeschool him.

She has a pending case against the Winnsboro Police Department and believes this was an act of retaliation.

However, Chief Pierce said that is untrue.