Brothers won't face charges in bus fight

The driver's attorney says that he should not be charged with a crime, either. He could face up to a year in prison.

PUNTA GORDA - No charges will be filed against two teenagers whose fight with a school bus driver was caught on videotape and broadcast nationwide, prosecutors said Tuesday.

Stepbrothers Mark Ernest Dickinson, 15, and Corey Gene Hendershot, 13, had faced possible felony assault charges after their fight with driver Albert Taylor, who remains charged with misdemeanor battery.

The fight broke out May 17 when Taylor told one of the boys to put his seat belt on and Dickinson cursed the driver.

Charlotte County State Attorney Stephen B. Russell said in a statement that a case against the boys could not be proven.

"After reviewing all of the evidence, including the entire 15-minute videotape of the incident, we cannot prove beyond a reasonable doubt that either of the juveniles violated a criminal law," the statement said.

"While the actions of the juveniles were disrespectful, rude and profane, their behavior needs to be addressed by their parents and the school district."

Russell Kirshy, the boys' attorney, said his clients are pleased with the statement.

"These boys are the victims and they have been from day one," Kirshy said. "The fact they got arrested was a mistake."

Kirshy said there has been no indication whether school officials plan disciplinary action against the boys.

Taylor's attorney, Mark De Sisto, said Tuesday that Taylor should not be charged with a crime, either. He said Taylor, 66, was acting in self-defense in the confrontation with the teenagers and also should be covered by state law that allows school personnel to use "hands-on" discipline in a matter of safety for other students unless it is excessive force or unusually cruel punishment.

"Simple battery in itself is not excessive or cruel or unusual," De Sisto said.

When Taylor told Hendershot to sit up front, the boy refused. When the driver, whom friends described as a kind and gentle man who had been under stress since his house was destroyed by Hurricane Charley, walked to the back of the bus, Dickinson got in his way and cursed at him.

Taylor then slapped Dickinson in the face and grabbed his throat, the video showed. Dickinson is seen on the video pushing and punching the bus driver.

If convicted of the misdemeanor charge, Taylor could face up to a year in prison. He is on paid suspension from the Charlotte County School District.

[Last modified June 1, 2005, 15:17:55]