don't mess with the bus driver

[shark.byte.usa]

Florida State Statute 784.03 defines “battery” as when a person “…actually and intentionally touches or strikes another person against the will of the other, or…intentionally causes bodily harm to another person.” This is the definition for the misdemeanor charge.

In order for the charge to be elevated to the felony level, certain other criteria must be met. Aggravated battery, a felony, is defined as when a person “…intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement, “…or, when a deadly weapon is used.”

There are provisions within Florida Statutes for elevating a misdemeanor battery charge to the felony level when the battery is committed against particular people. Some of those instances include battery on someone who is pregnant, battery on a law enforcement officer, battery on a person older than 65 years of age and battery upon any employee of a school district. (The school bus driver is Albert M. Taylor, DOB 5/4/1939, age 66).

It is, of course, up to the prosecutor to decide what charges s/he will formally prosecute, but these will probably stand (imo).

I think the kids have a good chance of getting off on self defense then, the driver struck first.

 

[H2Andy]

I think the kids have a good chance of getting off on self defense then, the driver struck first.

from what little i know of criminal law, i would tend to agree.

FLorida law permits the use of force (except for deadly force, which is a different
standard) in circumstances where the person believes such force is necessary
to defend himself or herself against another's use of unlawful force.

Florida Statutes, 776.012

here, the issue is going to be whether the bus driver was using lawful force
when he struck the kids. i believe the answer is no.

thus, i believe the kids were justified to use non-deadly force to defend themselves
against the bus driver's unlawful force (and were therefore acting in self-defense,
a defense to battery)

(this assumes we have the whole picture with this video, which we may not)

another issue is whether a student in a school bus (who is also a minor) is pre-empted
from using force against an employee. that, i don't know.

 

[Chris Hipp]

In this guy's defense, there is nothing more frightening than hearing someone's voice crack when they threaten to knock you out.


Is this not the same incident where the kids threatened the driver with a fake gun?

It looks like the first boy that stands up is going up to attack the driver from behind, in which case he would have been defending himself by hitting first, noone to run on a bus. Also after the driver goes back to the front to resond ot the radio and is not threatening the boys anymore they still come up to him and start swinging.

There is nothing worse than little punk 11 year olds that think they can do and say whatever they want because mommy and daddy will protect them.

 

[H2Andy]

It looks like the first boy that stands up is going up to attack the driver from behind

yow... i don't see it that way at all

the guard heads down the aisle, the kid gets up and follows. the guard turns his head,
kid comes to a stop.

the kid's body looks like he's just standing there. he certainly doesn't lunge at
the guard, and it doesn't look like he's preparing to lunge.

the guard is the one who completely turns around, faces the kid, and then charges,
grabbing the kid by the throat.

after the initial scuffle, you are right. the driver goes up front and the kid follows,
and they appear to push each other some more (it's hard to tell who does first,
but it looks like the kid). the kid looks pretty upset.

but it also looks like the kid was trying to get off the bus and the drive steps
in front and doesn't let him get by at first, blocking the way.

 

[CBulla]

So, what acutally led to the driver calling for a deputy to begin with? The tape on TV doesn't show that. Also, why is it OK for these kids to consistantly challenge the authority figure thus creating the incident to begin with? And why are the parents not questioning their childrens acts of defiance that were the basis of the incident?

Base your thoughts on the video if you want, but its obvious that there is much more to it than what has been released, and I'm willing to bet it centers around these undisciplined disrespectful "boys" and their slack jawed "blame others" parents.

 

[jonnythan]

The kids may have behaved badly, but the bus driver blatantly attacked that kid. Punish the kid, but I'd sure as heck go after the bus driver if he grabbed my son by the neck and pushed him around.

Also, I read in another article that the bus driver was trying to put a seat belt on the one kid, but that seat belts are not required. Not sure why he was trying to do that.

 

[H2Andy]

Also, why is it OK for these kids to consistantly challenge the authority figure thus creating the incident to begin with?

so does that justify someone grabbing your son by the throat and shoving
him around?

this guy is supposedly an employee of the school district, and as such, has
exposed the district to liability and could have hurt those kids.

also, he's the adult in this situation.

frankly, i expect more from those who work with kids than what i see in this video

 

[CBulla]

All the more reason to not participate in the public school system. If there was real discipline as there was when I we were in school this wouldn't have occured.

 

[H2Andy]

All the more reason to not participate in the public school system.

it sure is getting harder and harder to say good things of our public education
system

 

[CBulla]

so does that justify someone grabbing your son by the throat and shoving
him around?

My wife might disagree, but if either of my sons disrespect someone in any position of authority to the point of providing a distraction (he is a bus driver driving on busy roads, think about it......) and creating a situation dangerous enough that the driver believes it to warrant calling the police for assistance, and then threatening him with physical harm... HELLO! What utopia do you live in?

As far as I'm concerned those kids shouldn't be looking at jouvinile detention, they should be looking at military school.

If I do that POOR a job teaching my children respect for authority and little discipline and GANG mentality of jump the bus driver to kick his ***, then that guy is very much within his bounds to react with force. Look at how many "kids" have shot shown they won't hesitate to use violence against both their peers and the recognized authority figures. For all that bus driver knew he could have been the next "columbine" bus victim...

I can tell you for a fact that 15 years ago our school system here wouldnt have dealt with that. I knew of several people who were not only banned from riding the Bus for unrulely behavior but also expelled from the school and had to find other sources to finish their educational requirements.

Anyone willing to bet this isn't an isolated incident with these two???