5 Year Old Handcuffed, Zip Tied -- And Charged With Assault On P - Spokane, North Idaho News & Weather KHQ.com

5 Year Old Handcuffed, Zip Tied -- And Charged With Assault On Police Officer!

STOCKTON, Calif. (KCRA) -- Earlier this year, a Stockton student was handcuffed with zip ties on his hands and feet, forced to go to the hospital for a psychiatric evaluation and was charged with battery on a police officer. That student was 5 years old.

Michael Davis is diagnosed with Attention Deficit Hyperactivity Disorder or ADHD. His mother says it has led to fights at school. But when the school district said it had a plan to change Michael's behavior, his mother says things went wrong.

"Michael is energetic," Thelma Gray said. "He is one big ball of energy."Gray calls Michael a comedian. She says his biggest problem is his ADHD stops him from thinking before he acts or speaks."He's very loving," Gray said.

"He's a good kid and he's not the discipline problem that he was made out to be. "Those discipline problems include fights with other students, even throwing a chair.Gray says the school, Rio Calaveras Elementary of Stockton, wanted to change that behavior by having Michael meet with a school police officer.

"He could come out and talk to Michael and the kids are normally scared straight," said Gray, describing how she says the school district proposed the meeting.But the meeting didn't go as planned.Gray says Michael was agitated when the officer entered the room, and the whole meeting ended with Michael arrested and cuffed, with zip ties on his hands and his feet. "I was led to believe that Michael saw a police officer and attacked a police officer on sight," said Gray, adding that that's not what happened.

She knows because she ultimately obtained a copy of the police report.In it, the officer, Lt. Frank Gordo, says he placed his hand on Michael's and, "the boy pushed my hand away in a batting motion, pushed papers off the table, and kicked me in the right knee."

When Michael wouldn't calm down, Gordo cuffed Michael's hands and feet with zip ties and took the boy to the Stockton Kaiser Psychiatric Hospital in the back of a squad car.

He had not called Michael's mother or father at that point.Michael was cited for battery on a police officer."I didn't know until two or three weeks later that my son was zip tied," Gray said.

Her ex-husband had picked Michael up from the hospital. When he arrived, Michael's wrists were still zip tied behind his back.

KCRA 3 asked Rio Calaveras Elementary, the Stockton Unified School District and the Stockton Unified School District Police on multiple occasions to comment on what happened during Michael's meeting with the officer.Both the police chief and the school district said they could not comment.

The district said it could not comment because of privacy laws regarding students and because the San Joaquin County Grand Jury and the U.S. Department of Education's Office for Civil Rights were investigating. Click here to read more



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