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Legal Defense for Child with Autism

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My son Bryson is a 13 year old on the Autism spectrum. He's high functioning cognitively and definitely has his quirks, but he's ultimately a gentle giant teddy bear that loves soft things, food, and video games. He's currently in 8th grade in Clear Creek ISD and has an Individualized Education Plan (IEP) as a student with autism that includes a behavior intervention plan (BIP)for inappropriate verbal and physical responses to stimuli.

Recently on March 18, 2019, a new faculty member (unfamiliar to Bryson) at his school aggressively attempted to take his cell phone by grabbing him. Five other students in the classroom were also on their phones but the black boy with autism was the one targeted. Bryson instinctively shrugged her off (because mum told him at the beginning of the school to not let anyone take his belongings and he's literal) and she stumbled back. He was sent to the office and had ISS for a week before we were able to meet with the IEP team to determine that his action was a physical manifestation of his having autism, not an intentionally malicious act to harm the faculty member.  It was also established that the school had not been fully implementing his IEPs and BIP to prevent this situation. As a team, we put some other things in place to ensure that he would not be surprise attacked by faculty and that we would all continue to help him work on impulsive physical responses. The plan was to move forward.

On April 8, 2019, I received a phone call while at work from a Galveston County Deputy with the sheriff's department informing me that my son was being arrested for a class III felony of assault on a public servant for shrugging off the faculty member. He was arrested and handcuffed in front of peers, teachers, and administrators then put in the back of squad car.  Afraid, confused, and humiliated at what was happening, Bryson was taken to juvenile detention like a common criminal.  Booked, mugshot taken, fingerprinted, and pushed into a cold cell with institutional white painted walls. He was released to me and his stepfather shaking and given court dates in which he will go before a judge and stand trial all because someone could not see the humanity in him and decided to criminalize him having autism.

Here is yet another black boy in a system of oppression unnecessarily. His court date is May 2, 2019 and we only recently found an attorney who would return our call and accept the case....for the low fee of $4,000 assuming this does not go to trial, in which case the fees could be greater.

If Bryson is adjudicated (the juvenile version of found guilty), he will be institutionalized, miss out on valuable instruction and special services designed to accommodate him having autism, and have a felony record that would significantly hinder his ability to find gainful employment as an adult. My biggest fear as his mother is that it can put a target on his head for any law enforcement agent who pulls his record, sees a big, black man guilty of assault on a public servant, and thinks that he should automatically be handled with a gun and bullets instead of proper protocol and procedure.

Saving Bryson now is also saving his future to fulfill all his promise and potential to become a video game designer and chef. Help me save my son from this vindictive charge from a vigilante faculty member who was not happy with the school's punishment and is operating without their endorsement. 

Any amount, big or small, that is donated would relieve my heart and most importantly preserve Bryson's bright future. Every dollar counts and it takes a village to raise a child!

Sincerely,

Mia Moss aka Mom of Bryson

Organizer

Mia Moss
Organizer
League City, TX

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