Many RedState readers will recall our unique collection masking the bullying and harassment Kamdin Hernandez, a 4th grader in Simi Valley, California was subjected to by academics and faculty directors as a result of he was unable to put on a face masks totally over-the-nose all through the college day. Resulting from Kamdin’s consideration deficit hyperactivity dysfunction (ADHD), sporting a face masks so distracted him that he was unable to focus on his faculty work, but academics and directors berated him in entrance of classmates, bodily blocked him from coming into the door into the college, locked him out of his classroom, bodily pulled the masks up over his nostril in opposition to his needs, and extra.
Kamdin’s father, Tim Hernandez, stood up for his son on quite a few events, and has now been “rewarded” with a felony criticism for “campus disruption” on August 13, 2021, although he got here to campus as a result of each a trainer and the principal requested him to as a result of they’d not permit him to remain in school except he wore a masks (i.e., no lodging).
On the similar time, RedState can reveal that the Ventura County District Lawyer’s workplace has determined to not pursue misdemeanor assault costs in opposition to the trainer who touched Kamdin with out his permission and pulled the masks up over his nostril – although the trainer admitted she did so and an impartial investigator decided that the act was “inappropriate.”
Hernandez is charged with violating California Penal Code Part 626.7 (a), with the Grievance alleging that he:
“[D]id willfully and unlawfully enter and fail to go away, and did re-enter, the campus and facility of Backyard Grove Elementary Faculty following the path to go away the ability by the chief administrative officer and his/her designee.”
In a nutshell, based mostly on video and audio recordings made that day by Mr. Hernandez and statements the principal made to an impartial investigator, it’s clear that Hernandez is just not responsible and by no means ought to have been charged. These supplies present that Hernandez was requested to come back to the college to choose Kamdin up, was by no means instructed that he wasn’t purported to be there or to go away, and didn’t come again to the college after taking his son house.
That day Kamdin was there for the start of the college day, at 8:10 a.m. Hernandez bought a name at 9:02 that morning from Ms. Prisk, a trainer at Backyard Grove Elementary Faculty, telling him he wanted to come back decide Kamdin up as a result of he wouldn’t put on the masks:
“He’s refusing to put on it, and so I’m calling to let you already know that that you must decide him up.”
Prisk instructed Hernandez that when she requested Kamdin to put on the masks, he had instructed her that he “can’t suppose” with the masks on and “that he feels careworn about sporting it in school.” Hernandez recorded that decision, which could be heard beneath.
Inside the dialog Hernandez additionally requested why the principal wasn’t calling, and what the long-term plan for his son’s schooling was since Kamdin wasn’t in a position to be taught whereas sporting a face masks, and mentioned mandates and medical exemptions. He instructed her he was out operating errands and couldn’t get there proper that minute.
A couple of minutes later, at 9:18 a.m., Principal Perryman known as Hernandez, who was within the automotive along with his spouse. Perryman mentioned her solely possibility below the masks mandate was to have the mother and father come decide Kamdin up. He additionally recorded that decision, which could be heard beneath.
Unbeknownst to Perryman, Hernandez was on his means again to the college when she known as. When he bought there, he hung up and walked within the faculty with the video digital camera on his telephone operating. Perryman didn’t inform him to go away or that he wasn’t allowed to be there, in line with the video. She mentioned:
I’ll be contacting the college useful resource officer to have one other dialog with you as a result of now you’re not following direct pointers about recording on campus.
Hernandez’s video is one minute lengthy and covers the time from when he walked by means of the college doorways after which went out of the workplace towards Kamdin’s classroom, accompanied by Perryman.
Perryman claims that Hernandez mentioned, initially of his video:
“That is the lady who’s emotionally abusing my son. She is retaliating in opposition to me and my son. I’m going to spoil her profession. I hope the $160,000 wage was price shedding.”
The video very clearly reveals that isn’t what he mentioned. In line with the video, he mentioned:
“That is the girl that likes to kick youngsters out as a result of they’re careworn.”
The impartial investigator’s report said:
“On August 13, 2021, Ms. Prisk and Mrs. Perryman contacted mother or father to request that mother or father decide his son up from faculty as a result of Okay.H. was refusing to put on his masks indoors, which is required in line with steering from California Division of Public Well being and Ventura County Public Well being.”
“Mum or dad” referenced within the report is Tim Hernandez, since he was the one that filed the report. The report additionally states that when Hernandez and Perryman reached Kamdin’s classroom, Hernandez tried to ask the trainer current if she was the one who had bodily pulled up Kamdin’s masks earlier than, however Perryman stepped in and mentioned they weren’t going to debate the matter at the moment and requested the trainer to get Kamdin. Then, Hernandez and Kamdin “turned and walked away.” Whereas they didn’t comply with Perryman’s request to undergo the primary gate, as an alternative going by means of the workplace (maybe as a result of that’s the best way Hernandez got here in and the place his automotive would have been), they nonetheless left peaceably, in line with the report — which relied upon statements made by Perryman and different faculty workers.
(Your entire impartial investigator’s report could be learn right here.)
As well as, whereas faculty officers had threatened to cost Hernandez with trespassing on the college campus, the date they allege he was there with out permission was Monday, August 16, 2021. SVUSD Superintendent (then Assistant Superintendent) Hani Youssef directed one of many Faculty Useful resource Officers to go to Mr. Hernandez at house and serve him with a trespassing quotation, which Hernandez refused to simply accept.
On the similar time, Hernandez complained to the Simi Valley Police Division that Kamdin’s trainer had dedicated assault by touching him with out his permission to tug up his face masks. Within the investigator’s report the trainer admitted that she had performed so, however mentioned that she was used to educating youthful college students and bodily serving to them with issues like tying their sneakers and untangling hair and that was why she bodily “assisted” him along with his face masks with out his consent. The investigator concluded that her actions had been applicable, and the college district addressed the difficulty with the trainer.
Regardless of this admission, the District Lawyer’s workplace declined to pursue any costs in opposition to the trainer, together with easy battery. To show easy battery below California Penal Code 242, the DA’s workplace would merely have to point out that the trainer:
- Deliberately touched somebody with power
- that the power used is perceived as dangerous or insulting
Now, I’m not an lawyer and I can’t say whether or not the power wanted to tug the masks up over the nostril of an unwilling 4th grader is adequate to qualify for a felony cost, however from Kamdin’s and his father’s personal phrases I imagine they understand the power used as insulting. It additionally appears that the quantity of proof to pursue this misdemeanor cost is no less than as weighty because the proof of any campus disruption cost — and there’s presumably much more proof for a easy battery cost than a campus disruption cost.
RedState contacted Ventura County District Lawyer Erik Nasarenko’s workplace to request paperwork referring to all conversations between any SVUSD worker and the District Lawyer’s workplace relating to this case, and for all affidavits and paperwork supporting such costs. We additionally requested how they matter got here to the District Lawyer’s workplace, and whether or not or not costs in opposition to the trainer had been thought-about. The District Lawyer’s workplace is working to offer the paperwork requested throughout the statutory pointers, however within the meantime offered the next solutions to the questions submitted:
- The case [against Mr. Hernandez] was submitted to our workplace for assessment of felony costs by the SVPD [Simi Valley Police Department] on August 25, 2021, and it was positioned in a queue of misdemeanor circumstances to be reviewed that’s organized by date of offense. Sadly, as a result of backlogs created throughout COVID shutdowns, circumstances are usually not reviewed instantly upon submission. DDA Rayburn reviewed the case so as of the queue on June 15, 2022.
- The case [against the teacher] was submitted to our workplace for assessment of felony costs by the SVPD on January 21, 2022, and it was positioned in the identical queue of misdemeanor circumstances to be reviewed. This case was additionally reviewed so as of the queue on June 15, 2022. After assessment, felony costs won’t be filed on this case.
It’s fascinating that the case in opposition to the trainer wasn’t submitted till January 21, 2022, when Hernandez was far more vocal about what was occurring along with his son, however that’s not the District Lawyer’s fault. We additionally don’t but know what data was offered to the DA’s workplace from SVPD or from the college district — and what data was not offered.
In our last piece relating to this saga, we reported that on February 2, 2022, SVUSD Director of Elementary Schooling Julie Ellis contacted the Hernandez household to begin the analysis course of for Part 504 lodging because the household had alerted the district that Kamdin had been recognized with ADHD and was coping with issues associated to anxiousness. That contact solely got here after Hernandez posted public movies to his Instagram feed bringing consideration to what the household was coping with and when the district knew that RedState was about to publish a narrative.
Kamdin is now getting ready to enter fifth grade, and the masks mandates are over in California faculties — and in line with Ventura County officers they received’t return right here. it looks like there’s not a factual foundation for any felony costs in opposition to Tim Hernandez in any respect, however even when there have been, at what level does Simi Valley Unified Faculty District, the Simi Valley Police Division, and the Ventura County District Lawyer’s workplace decide that the household has been harassed sufficient and permit the therapeutic to start? This isn’t a few pissing match between grownup males. That is a few baby receiving an schooling.
