Update: Family Speaks About Las Cruces School Bus Fight

A boy was released from the hospital after undergoing brain surgery after a fight on a school bus, Jo Galvan, Las Cruces Public Schools spokeswoman said.

The 8-year-old who district officials said shoved the 7-year-old was so traumatized by what happened that his family took him out of school.

His mom said he was just defending himself. “My son got him off of him and the bus driver did not look through the rear view mirror to make sure all the kids were seated down,” explained Patricia Benavidez.

Benavidez and her husband Martin said the 7-year-old was choking their son and all he could do was push the 7-year-old off of him.

She claimed that at the same time the fight was happening, the bus driver drove forward. “She took off! And because she took off, this child ended up injuring himself,” she said.

Benavidez also told ABC-7 that boy’s mother told her the 7-year-old was hurt so badly her daughter had to carry him home. She said the 7-year-old’s mom claimed the bus driver wouldn’t stop or call an ambulance when the boy asked for help.

The Benavidez family claimed their son was not to blame for what happened. Martin Benavidez, the 8-year-old’s father said, “Responsibility usually falls on the bus and on the school to take care of our kids and watch over them while we leave them in their custody.”

As ABC-7 has reported, surveillance cameras on the bus were not rolling at the time of the incident.

Since the injured boy’s family contacted a lawyer, the investigation has been taken over by the New Mexico Public Schools Risk Management Authority.

Neither the district or the bus company commented.