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Boy gets probation for stabbing bully with pencil
His lawyer says it was defense against bully
By THE ASSOCIATED PRESS - 05/09/2004
ATLANTA - A middle-school student who said he stabbed a classmate with a pencil to defend himself from bullying was sentenced to probation by a judge who told him, "It's unfortunate you have to go through that."
Judge Leslie Gresham said at sentencing Wednesday that she did not consider jail time for Daryl Gray because he was 12 when he attacked the other boy in the face in March, permanently scarring him.
The judge had declined at trial to hear the boy's argument of self-defense. He was convicted of aggravated battery April 9 and could have faced up to five years in jail.
Gray, now 13, called his treatment unfair.
"Just because I was trying to defend myself, they want to say I'm guilty," Gray said in court. "I feel like I'm going to continue to be abused at school and nobody's going to help me."
Gray, who had not been in trouble before, said the other boy hit him first. The boy was charged with misdemeanor battery because his blow did not cause serious injury.
Gray's attorneys said the fight followed more than two years of torment for Gray by other students at Pointe South Middle School in Clayton County.
The judge told Gray during Wednesday's sentencing that she empathized with him.
"It's unfortunate you have to go through that every day at a place where the state requires your mother to send you," Gresham said. "If you have been bullied, it should have been cleared up before it got to this court."
Daryl's mother, Jeanette Gray, said Thursday she repeatedly asked school officials to intervene but their only response was to change her son's classes. She said she has asked that he be transferred to another school.
School officials didn't return a call Thursday seeking comment.
Gray was sentenced to 90 days of probation and fined $332. He also must complete counseling and do community service.
The case came amid efforts to toughen Georgia's anti-bullying law, which now covers middle and high school. The state House has voted to expand the law's reach to elementary school.
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