DISPOSITION OF CHARGES IN HIGH SCHOOL CONFRONTATION INVOLVING THE PRINCIPAL, A SCHOOL AIDE, AND A NEW YORK CITY POLICE OFFICER

On February 3, 2005, the Bronx Guild High School was the scene of an unfortunate and unnecessary confrontation between school and police authorities. The incident was precipitated when a student, Ashley Vega, began screaming at a school aide in a corridor. When Police Officer Juan Gonzalez intervened and attempted to issue a summons to Ms. Vega, she retreated into a classroom. Thereafter, inside the classroom a confrontation ensued between Officer Gonzalez, School Principal Michael Soquero, and school aide James Burgos, which led to the filing of criminal charges.

Bronx District Attorney Robert T. Johnson announced that after assessing, individually, the motives and actions of each defendant, and taking into consideration statements in court by Soquero and Burgos, the charges were resolved as follows: Misdemeanor offenses of Assault in the 3rd degree, Obstructing Governmental Administration in the 2nd degree and Refusing to Aid a Peace or a Police Officer were dismissed against school principal Soquero, and adjourned in contemplation of dismissal in the case against school aide Burgos.

Mr. Johnson, in announcing the dispositions said: “Disrespect for the authority of police officers is one of my pet peeves, and there is no excuse for the conduct of the defendants in this case, which, as they acknowledge, set a terrible example for the rest of the school. Police Officers assigned to public schools must be allowed to do their jobs, and we are fortunate that this police officer did not suffer a serious injury. What is most unusual about this situation is that the principal and his aide were under the impression that they were acting in the best interests of the school, and with some authority. Considering that and all of the other circumstances, in my discretion these cases will be handled outside of the courts. It is now up to the educational authorities to decide if further sanctions are warranted against either of the school officials.

It is vital that confrontations like this one do not arise again. School safety and a proper educational environment are not inconsistent. The educational authorities recognized that when they invited the police into the schools. I would like to use this opportunity to serve notice that in the future, those who interfere with a police officer in a school will indeed be prosecuted.”