Tuesday, Nov. 03, 2009

Retired coach to be cleared of assault on Richland child (w/ videos)

By Paula Horton, Herald staff writer

A retired Hall of Fame coach accused of hitting an autistic boy at the Richland Library is being cleared because video footage captured the incident.

Attorney John Jensen said videos from the library exonerate his client, Frank Teverbaugh, 76, and show he never hit Matthew Tolick, 7, in the face.

Those videos are posted on the Herald's website, tricityherald.com.

A misdemeanor assault charge against Teverbaugh was expected to be dismissed today in Benton County District Court, said Michael Rio, Richland city prosecutor.

Matthew's mother, Dana, had claimed Teverbaugh swore at her son and back-handed him, giving him a bloody nose. She said the incident happened Aug. 14 as Matthew was being led out of the library by Heide Schultz, the family's in-home care provider.

Schultz told police Teverbaugh hit Matthew in the face and swore at the boy, then hit him a second time after Matthew hit the man.

The video clips, taken from two different views of the library, "very clearly" show Schultz's accusations are false, Jensen said.

"We think she should be charged for false reporting," Jensen said. "It's clear she was lying."

Teverbaugh denied all along swearing at the boy or hitting him in the face and called the accusations "completely bogus."

He said he saw Schultz struggling to drag Matthew out of the library and watched as the boy broke free and had to be chased down.

As Teverbaugh continued walking into the library to get a video to watch with his wife, he said he watched Schultz trying to get Matthew out of the library.

He told police Matthew hit him as he walked by and, on impulse, he reached back and tried to swat Matthew's bottom.

An independent witness who walked into the library during the incident also corroborated Teverbaugh's side of the story, Jensen said.

"The witness said Ms. Schultz overreacted," Jensen said.

Jensen said Teverbaugh had asked if there was a video from the library, but he was told it wasn't working. They filed a public records request to get the tapes, he said.

Rio noted that once they determined the library's cameras were working at the time, they had to subpoena the tapes because library officials wouldn't release the videos without a court order.

Rio said when he saw the video, it appeared Teverbaugh made a motion to go around the boy with his arm, then made a sweeping motion backward as if trying to push him away.

It doesn't show Teverbaugh intended to assault the boy, Rio said, and he doesn't think he could prove that beyond a reasonable doubt.

"Prosecutors not only have to prosecute crimes, but we also have to search for justice," Rio said, adding that he met with Matthew's mother last week to show her the video.

"After meeting with her, I made the decision that I was going to dismiss the case."

Rio also said he doesn't intend to file false reporting charges against Schultz.

But any citizen can go to court to file a citizen complaint asking a judge to file a complaint, Rio said. If a judge signs the complaint, Rio said, he has to prosecute it.

Jensen said Teverbaugh intends to file a complaint.

Teverbaugh said, "It was really embarrassing" to read all the things being written about him on blogs online and on comments made on Herald stories about the incident.

"I was really upset when I read that article on the front page of the Tri-City Herald exploiting me and defaming my character and reputation ... instead of just reporting the story," Teverbaugh said.

Dana Tolick said she hasn't had a chance to talk to Schultz about the charges being dismissed or what she saw on the video. She said Schultz has not been able to work for her recently because of medical reasons.

Tolick said she's "still really unclear" about what happened after seeing the video, because the video "goes by very fast."

She said it's been frustrating because there were witnesses who said Teverbaugh hit Matthew first, witnesses who said Teverbaugh didn't hit her son, and then there's the video.

"It doesn't answer the question on why he has a bloody nose," Tolick said.

Tolick said Schultz had said Teverbaugh hit Matthew "and there was a second witness that said the same thing. That's why I was so adamant about (it and saying) I can't believe this happened to my child."

Tolick said many people said she was instigating the whole thing, but she noted she didn't file charges against Teverbaugh, the city did. She just reported what she was told had happened, she said.

"My child had a bloody nose, and Heide said it happened," Tolick said. "It's kind of a relief just that it's going to be over."

Jensen said Tolick "adopted the lies" of Schultz and used her own son's disability to draw attention to the case.

He then referred to a quote in the Herald's first story where Tolick said, "It's not just about fighting for my child, it's about fighting for a purpose, for children with disabilities and all children."

"It's a great cause," Jensen said, "but don't lie to make your cause."

* Paula Horton: 509-582-1556; phorton@tricityherald.com