State drops battery charge against 6-year-old girl
Thursday, June 1, 2006
State prosecutors dropped the charge Wednesday against a 6-year-old Lely Elementary School student arrested after kicking a teacher a month ago.
Before Takovia Allen was scheduled for a routine hearing in Collier County Circuit Court on Wednesday, Assistant State Attorney Hoang Dang said the prosecution would decline to file a document charging the girl with the one count, battery on a public education employee.
 
Allen, who was one of six students in a classroom of children with behavioral problems, was arrested May 2 when she became upset with the teacher’s aide, Debra Dolan. After she was kicked, Dolan informed the authorities she wanted to press charges.
 
Dang and co-juvenile division prosecutor Amy Wilson said the decision to not file the charge had nothing to do with a lack of evidence showing Takovia kicked Dolan in the ankle. The kick caused redness and an abrasion, according to the arrest report.
“It’s just more appropriate to deal with her through the school system,” Dang said. “There’s not a lot of things we can do with a 6-year-old (in the court system). She’s not going to understand the nature of the proceedings.”
 
According to Allen’s mother, Tamara Williams, 30, the girl kicked the teacher’s aide after another student with behavioral problems broke Takovia’s pencil. The students were supposed to be lining up to leave for music class, but Takovia became upset when the aide didn’t immediately handle the situation with the other student and the broken pencil.
 
That’s consistent with Takovia’s personality, as recognized by her behavior plan, her mother said. Such a plan is developed for students so school officials know what each child’s personality quirks and educational needs are. Takovia has attention deficit hyperactivity disorder, which causes difficulty paying attention and focusing. And she has trouble with authority figures if problems aren’t handled a specific way.
Each plan makes the educators aware of each student’s challenges and how to respond to them to prevent bigger problems from developing.
Williams said Takovia’s behavior plan was ignored. Instead, the 3-foot, 9-inch, 50-pound girl was arrested. Her mother questioned why. A professional who works with students who have behavioral problems should be able to handle something that minor, Williams argued.
 
“She does get disciplined at home. I’ve punished her for kicking the teacher. She shouldn’t have kicked the lady. But they took it too far,” Williams said.
After her arrest, Takovia was taken to the juvenile jail in East Naples. She spent four hours there before she was released to her mother’s custody.
In dropping the charge, called a petition for juvenile delinquency, Dang conferred with the victim and considered the steps Williams already has taken to address the issue. Williams has her daughter in counseling at the David Lawrence Center. And the matter will be addressed in a new behavior plan to be implemented before the fall.
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