A video that has been circulating online has a Conroe father and his son frustrated, angry and confused.
The video starts out with an altercation between two 7th grade students at Moorhead Junior High School. One of those students is Jace Dunaway. Jace says the fight was the result of excessive bullying by a group of students, that had reached it’s peak when one of the bullies pushed him and the fight broke out.
Jace and his father Stewart spoke exclusively to KPRC 2’s Deven Clarke and explained that during the process of the teacher breaking up the fight, he became violent.
The video appears to show the teacher striking Jace multiple times and slamming him. Jace says the teacher also choked him. What the family says makes matters even worse, is that after a school administrator admitted the teacher was wrong, Conroe ISD is now defending the teachers actions after his father filed a formal complaint. Furthermore, the Montgomery County District Attorney’s office is refusing charges.
Conroe ISD sent us the following statement:
The Conroe ISD Police Department investigated a complaint from a parent who requested to file charges of assault against a teacher following the incident. A complete and thorough investigation was conducted by a detective with assistance from a campus police officer. This investigation included but was not limited to the review of cell phone video taken by a witness to the event, interviews of multiple independent witnesses, as well as those involved.
Following the investigation, Conroe ISD Police determined that no charges should be filed. Still, the evidence was forwarded to the Montgomery County District Attorney’s Office Public Integrity Unit for an independent review.
After reviewing the evidence and justifications applicable under Chapter 9 of the Texas Penal Code, the District Attorney’s Office agreed that no charges should be filed.
A relevant portion of Chapter 9 of the Texas Penal Code provides defenses to conduct that would otherwise be criminal in cases where an actor reasonably believes that his intervention is immediately necessary to protect a third person.
Furthermore, Chapter 9.62 of the Texas Penal Code reads as follows:
“The use of Force, but not deadly force, against a person is justified:
- If the actor is entrusted with the care, supervision, or administration of the person for a special purpose; and
- When and to the degree the actor reasonably believes the force is necessary to further the special purpose or to maintain discipline in a group.”
In this instance, the teacher intervened when one of the students used deadly force on another via a respiratory restraint (chokehold around the neck) and the student refused to release his grip, creating an extremely dangerous situation requiring immediate action.
While it is deeply unfortunate that one of our dedicated educators was placed in this difficult situation, we are grateful the teacher chose to intervene to protect the student who was being choked.
The Montgomery County District Attorney’s office sent us this statement:
CISD Police Department thoroughly investigated the incident, including interviews with multiple witnesses and the students involved. After reviewing the facts and applicable law, CISD PD concluded that no criminal charges were warranted and referred the matter to our office for additional review.
After independently evaluating the evidence, we agreed with their conclusion: the teacher’s actions did not constitute criminal conduct under Texas law.
Specifically, Section 9.62 of the Texas Penal Code allows for the use of reasonable force—but not deadly force—by someone entrusted with the care or supervision of a person when the force is necessary to further the special purpose or maintain discipline.
In this case, the teacher intervened during a physical altercation in which one student placed another in a respiratory restraint (a chokehold), refused to let go, and created a dangerous situation requiring immediate action. The teacher acted to protect students and restore safety and acted within the provisions of Section 9.62 of the Texas Penal Code as well as Section 9.33, Defense of a Third Person.
We understand that the parent involved is upset. Our office and CISD PD tried to discuss the legal reasoning behind this decision to the parent. Unfortunately, those efforts did not result in a productive exchange.
While we recognize the concerns raised, it is our duty to apply the law to the facts as they are, and in this instance, we find no basis for criminal charges.
Stewart Dunaway says he has now removed Jace and his other son from Conroe ISD and will now be homeschooling them. He adds he’s planning further legal action against the district and wants the teacher removed from the classroom.
