Horrifying moment cops HANDCUFF nine-year-old special needs child throwing a tantrum at Florida elementary school
- The fourth grader is a special needs student who has ‘physical aggression’ listed as a behavior problem in his school file
- Two Oveido police officers are seen handcuffing the child on bodycam video and threatening to send him ‘to jail’
- The child’s parents are suing the city and police department for charges including ‘battery/unnecessary force’
The parents of a 9-year-old Florida boy are suing the city of Oviedo and local police after officers handcuffed their child in a school mailroom during a violent outburst and threatened to send him to jail.
The parents say excessive force was used when a cop handcuffed their son, in a shocking moment captured on body cam footage that was released to the public on Thursday.
The fourth grader is a special needs child who is prone to outbursts – to the point where the school, Stenstrom Elementary, had a specific procedure in place.
The student’s Individual Education Plan and Behavior Intervention Plan mentions ‘physical aggression’ as a behavior problem, according to a complaint filed September 27.
Staff were instructed not to ‘engage in any conversation other than having him complete the task’ and otherwise ‘limit the level of attention directed to him,’ the complaint says.
The parents of a nine-year-old boy are suing the city of Oviedo, Florida and local police after officers handcuffed their child during a violent outburst
The child’s hands were cuffed behind his back, forcing him to the ground in the mailroom of Stenstrom Elementary School, in a moment caught on bodycam footage
The complaint filed September 27 alleges that the fourth grader – a special needs child – is prone to aggression, to the point where it is mentioned in a ‘Behavior Intervention Plan’
Officers were called to the school back in February after staff were unsuccessful in deescalating the situation, as the child cursed, screamed and threw pieces of mail
Two Oviedo police officers were called to the school mailroom on February 2 after school staff failed to deescalate a situation where the fourth grader was ‘cursing, screaming and throwing things,’ according to a police report.
School resource officer Yashira Moncada turned on her body camera after she arrived.
In the footage, the child can be seen sitting on the floor with pieces of mail scattered around him. He picks up several pieces and throws them at Moncada.
Moncada is heard saying ‘This is why I can’t be an SRO’ and asking the boy ‘if he wants to go to jail’ before calling officer Scott Moseley for backup.
‘I am going to handcuff him,’ Moseley says, despite being advised not to do so by a school counselor.
‘You can do that, I can’t,’ Moncada tells the officer before he cuffs the screaming child’s hands behind his back.
The officers tell the boy to calm down as he lays prone on the floor.
The child asks to go home, to which Moncada replies: ‘You’re not going to go home, so do you want to go to jail?’
Around 13 minutes later, the handcuffs were removed.
The boy’s parents are suing the city of Oviedo and both officers, accusing them of excessive force and ‘battery/unnecessary force.’
They seek at least $75,000 in damages.
In the footage, the child is seen picking up pieces of mail and throwing them at school resource officer Yashira Moncada, who says ‘This is why I can’t be an SRO’
She asks the boy if he ‘wants to go to jail’ before calling officer Scott Moseley for backup
‘I am going to handcuff him,’ Moseley says when he arrives, despite being discouraged by a school counselor
‘You’re not going to go home, so do you want to go to jail?’ Moncada says when the boy asks to leave
After the boy was handcuffed, his parents met with school staff and Moncada, according to the complaint.
During this meeting, Moncada allegedly told the parents they were ‘lucky that she did not arrest’ their son.
The complaint argues that he ‘has suffered physical and emotional abuse and injury, mental anguish, violation of (his) right, humiliation, discomfort, embarrassment, loss of dignity, aggravation of an existing disease or mental defect, and medical expenses.’
The suit mentions that the Oveido and Seminole County school board has a school resource officer agreement banning the use of handcuffs on ‘disabled students’ through fifth grade.
It also cites an Oviedo Police Department general order reading: ‘Juveniles less than 12 years of age are NOT placed in handcuffs or other restraints unless they pose a risk or danger to themselves, the officer, or others.’
The parents are demanding a trial by jury.
Oviedo Police said the department will not be conducting interviews, as the lawsuit is ongoing.
However, the family’s attorney, Drew Moss, issued a statement.
It read: ‘Nine-year-old children should not be handcuffed by police officers at school. The City of Oviedo has failed to reach out to the family to make any effort to address this unfortunate situation.’
Moss said it was not the family’s ‘preference’ to sue, ‘but the city’s failure to investigate this incident and the officers involved left them no alternative.’
It is unclear what triggered the child’s tantrum, if anything – an investigation is pending.
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