Bullies who beat 8-year-old Texas boy unconscious won’t face charges

An 8-year-old boy was attacked in a Texas elementary school bathroom and beaten so severely he was left unconscious and suffered minor brain bleeding. But police who investigated the incident ultimately determined the culprits were too young to face charges.

Children under 10 cannot be prosecuted for committing crimes under Texas law, according to local TV station KHOU, but the Department of Family and Protective Services can work with the children involved and their families.

The incident happened at Lakewood Elementary School in the Tomball Independent School District after three students followed the third-grader from the school bus into a restroom at the school last week.

Christian Boynton was beaten so severely he was rushed to the hospital and doctors said he suffered minor brain bleeding.

“They pinned my brother down. They were beating him. They beat him to the point of unconsciousness, where they continued to beat him,” Kailee Boynton, his sister told KHOU. “They went through his backpack.”

He was released from the hospital hours later and is expected to be OK, physically.

The family believes the attack was unprovoked and said it wasn’t the first time the child had been bullied at the school.

The elementary school released a statement to the media saying in part: “We are thoroughly investigating the incident and will take appropriate disciplinary measures for all those involved. As always, student safety is our first priority in Tomball ISD.”

Mikel and others said they are afraid for their children after the attack.

“I’m terrified that I’m gonna get that phone call myself — or these parents of these other kids that are now in trouble are they gonna retaliate,” said Amanda Mikel, who is also a parent.

Another parent said she was in tears after she learned of the attack and was concerned about her daughter.

“I was very distraught. I’m not gonna lie, I was actually in tears. I was just imagining my daughter being in that situation, being cornered and being attacked,” said Jessica, a parent.

Many parents said they are upset that the elementary and the school district did not notify them of the attack and said something needs to be done.

“There needs to be a seminar, there needs to be something. These kids need to be talked to, they need to know they can go to the bathroom. They need to be protected,” Mikel said.

The district said it is investigating the incident, but officials were not at liberty to talk about the students’ punishments.

“Details of a school investigation by CPS are confidential, but, in a situation like this we would investigate to determine if the children were being supervised properly when the alleged incident happened. Once our investigation is complete, we turn the results over to the school district and the TEA,” said Tiffani Butler, a spokesperson for the Texas Department of Family and Protective Services.