Accused bully facing criminal charges, victim obtains restraining order

POSTED: 12:00 AM MST Feb 27, 2013 
FRUITA, Colo. -

An accused bully faces criminal charges after a school beating.

The fight happened at Fruita 8-9 School.

Local authorities have turned the case over to the District Attorney’s Office, and are recommending a strong punishment for the 15-year-old attacker.

More About Bully Attack

The victim's mother is pleased criminal charges are being pushed.

Still, she's concerned the alleged bully involved isn't facing strong enough consequences from the school.

On Wednesday she went to court and got a restraining order against the attacker.

Carrie Thrall says, "The judge was great. He said that regardless of what the school district says, it is an order. This girl is not to come within fifty yards of the school."

It has been less than a week since Thrall's freshman daughter was beaten up by the accused bully in the school's lunch room.

The Fruita Police Department is pursuing charges against the 15-year-old attacker.

Chief Mark Angelo says, "We sent a juvenile petition to the District Attorney's office recommending third degree assault charges be filed against her."

Thrall wants the school to enforce its no-bullying policy.

"It wasn't anyone being ignorant of the situation. It was the school just not doing their job," Thrall said.

She says staff knew about the threats being made to her daughter leading up to the fight but did nothing about it.

"I would say that one threat would be reason for suspension. Three suspensions would be an expulsion, rather than having it is an assault and then you get a suspension,” Thrall said. “The threat itself is an act of violence."

"We all take this very seriously. We don't want this type of incident occurring in the schools,” Chief Angelo explained.  “The kids don't need to see this. This is not the type of environment that supports good learning."

It’s that reason that Thrall says she plans to take the case against her daughter's bully far as she can.

"Anyone that infringes on anybody else’s right to an education is not permitted to be there and she clearly infringed on my daughter's right to an education," Thrall said.

During the attack in the lunch room, the victim's younger sister came to her rescue and was suspended for three days because of her involvement.  She, however, won't face any criminal charges.