By Walt Glines Times Editor
A nearly two-hour mediation session Tuesday stemming from the
arrest of a Live Oak High senior for tossing a racquet ball at a
sheriff’s deputy has resulted in an out-of-court settlement.
By Walt Glines Times Editor
A nearly two-hour mediation session Tuesday stemming from the arrest of a Live Oak High senior for tossing a racquet ball at a sheriff’s deputy has resulted in an out-of-court settlement.
Deputy Ron Breuss, dressed as the Grim Reaper, arrested Christopher Smith, 18, of Morgan Hill, on one misdemeanor count of battery on Oct. 20. The incident occurred as the deputy was selecting students to take part in the high school’s Every 15 Minutes program aimed at convincing students of the dangers of drinking and driving.
“Great. I think that’s where it should go,” Morgan Hill Police Chief Bruce Cumming said Thursday when told of the settlement.
Cumming has said from the beginning the incident should not be a criminal case. He said the matter should have been handled by school authorities.
Details of the settlement were not available. Both participants signed a confidentiality agreement that details would not be discussed outside the meeting which took place in San Jose under the auspices of the county Office of Human Relations, Dispute Resolution Program.
Frank Carrubba, supervising attorney in the DA’s South Valley office in San Martin, Thursday afternoon said he had not been notified of the resolution but did not necessarily expect to have been informed. The program is designed to assist victims and suspects in resolving pending criminal matters. It is a cooperative effort of the Santa Clara County District Attorney’s Office and the county Human Relations Office.
“I’m not supposed to be notified unless the mediation fails,” Carrubba said.
Sheriff’s Office spokesman Deputy Terrance Helm declined to make extensive comment, citing the confidentiality agreement.
“The matter was resolved,” Helm said. “(Deputy Breuss) is OK with the outcome.”
While the settlement means a criminal charge will not be filed, Chris’ father Emmett wants to make sure the arrest is expunged.
Carrubba said state law allows for someone in such instances to petition the arresting agency to have the arrest stricken so that Smith would not have a criminal arrest record.
Emmett Smith, the teen’s father, said Thursday he has not been told details of the settlement. He said he has mixed feelings about the outcome.
“While I am pleased that there are no charges pending, I find it very hard to feel vindicated over something that should not have happened in the first place.
“The public has clearly said that they do not want the law enforced in this manner and the public’s Sheriff’s Department has clearly illustrated that they are going to do it anyway. Pretty scary isn’t it.”
Sheriff Laurie Smith was out of the office all day Thursday and could not be reached for comment.
In the program, mediators assist the parties in coming to their own solution, which can be made binding by both parties. The emphasis is not only on settlements but on relationships, communications and prevention of further conflict, Carrubba said.
The mediation involves both sitting down in a face-to-face meeting with a neutral third-party. The mediator facilitates communication, understanding and problem solving with the parties. No solutions or legal advice are given, Carrubba added.
Smith was cited and released Oct. 20 after he was fingerprinted and photographed by Morgan HiIl Police.
Breuss is a Live Oak High graduate.
“No one should have to go through what Chris went through for an act as innocent as his was,” Emmett Smith said. “This kind of situation is not what this law was intended for. I would have fully supported discipline from the school which may have been a good lecture, detention or suspension. I have disciplined Chris at home for his actions.”
