Bullying Attack Leaves 11-Year-Old Boy in Coma

I can tell you how it happened. I was bullied in elementary school. This was 1971. I was pushed into a fight and the crowd formed a circle so I couldn't escape. The bullying had been going on for over two years. They all expected to see me get pummeled. It happened at recess on the playground when no adults were around. I could've easily been Bailey, except that I dug my nails into this girl's arms and pinned her to keep her from hitting me. I drew blood and she backed off.

If that scenario occurred here, I would think there would be charges filed now.

The fight is on video.
 
I don't think the school is protecting them. As the children involved are minors, I don't believe the school can release their names, particularly as no charges have been filed. Furthermore, if the investigation does uncover that Baily's death was the result of an unrelated medical issue, rather than the fight, the school would be in a host of trouble.

Bullying is terrible, and I feel terrible for Baily's family. The death of a child is always tragic. However, the investigation needs to take its course, as this case is ambiguous.
From what I heard of this case on HLN, the school does bear some liability because they didn't notify Bailey's parents for hours, and they sent him back to class without any medical attention. Ryan Smith also thought murder charges against the boys were appropriate.
 
R.I. P. Bailey. I hope your death was not in vain. I will always take up the anti-bullying cause, as I was a victim myself for 3 years.
 
If that scenario occurred here, I would think there would be charges filed now.

The fight is on video.

But the age of the suspects is such that could prevent filing any charges. There recently was a case where one girl was fighting with another, and the victim eventually died because of blow to the head. No charges in that case, as I recall.
 
From what I heard of this case on HLN, the school does bear some liability because they didn't notify Bailey's parents for hours, and they sent him back to class without any medical attention. Ryan Smith also thought murder charges against the boys were appropriate.

Well did the mother get him medical attention as soon as he got home? Because if she didn't then how can someone say the school was negligent for doing the same thing?

I have not followed all of the details in this.
 
Parents did take him to the hospital. At that time he was treated and released.
 
Sad. It looks from the media, that this story is COMPLETELY off the radar.
 
Bailey's funeral was yesterday. Very sad.

http://www.philly.com/philly/news/20130310_Family_and_friends_mourn_Bailey_O_Neill_at_funeral.html

The details are still extremely thin - I remember reading earlier that his actual cause of death was removing him from life support after a battle with pneumonia, an infection he caught in the hospital while in a medically induced coma to attempt to treat seizures.

I think a lot of this will rest on the video they have from the fight. It doesn't seem that predictable, to a 12 year old in a fight, that a punch in a face would result in seizures that began weeks later, a medically induced coma, and then an infection caught while in the hospital.
 
The two week delay between the fight and the induced coma will probably be a problem for any charges connecting the two events. He did go to hospital and presumably they would have picked up severe brain trauma (which usually manifests itself within a day or so anyway).

Also, he died from an infection picked up at the hosipital, so the death was not a consequence of the fight as such.
 
The plot just thickened.

A story about the father of the boy Bailey was in a fight with.

Just sayin'.

http://www.nbcphiladelphia.com/news...Bailey-My-Son-is-Not-a-Monster-195189551.html

The story is not "about" the father. The father said he feels sorry for everyone involved but doesn't think his son was responsible for the other kids subsequent death. What parent would. He also described his son as "slight", which means he is probably as surprised as anyone else that he was involved in a fight.

Looking at the pictures from various stories it is clear that one kid was black and the other white. As a consequence I don't think much stock should be placed on locals comments since there will very likely be a racial element to them.

Also, the fight was on video apparently, so if it was a case of the black kid attacking the white kid for no reason, charges would have been laid allready since the evidence would there. The probability then is that it was something that both of them participated in willingly.
 
The two week delay between the fight and the induced coma will probably be a problem for any charges connecting the two events. He did go to hospital and presumably they would have picked up severe brain trauma (which usually manifests itself within a day or so anyway).

Also, he died from an infection picked up at the hosipital, so the death was not a consequence of the fight as such.

There certainly have been cases where someone is charged with murder for simple assault that ended in death way down the road.

There was a case here with a teenager in a gang initiation had to steal a woman's purse. He grabbed this old lady's purse and she fought for it much harder than he thought she would and she ended up falling and cutting her head in the struggle. She had a heart attack, suffered failing health and died several months later. He was charged with murder when what he did was an attempt to snatch a purse - something he actually gave up on during the attempt.
 
At the end of the day a young boy has died. By the sounds of it, not from the punch to the face, but by disease in the hospital. Unfortunately, hospitals are breeding grounds. As for the other boy and his family, I would imagine it must be very difficult to live with knowing your child contributed to this boy being in the hospital, I don't feel he solely "killed" the boy.

I am also hoping that a race card isn't going to be pulled either. My wish is that as a result of this tragedy, that the boy involved will talk to others about the consequences of fighting that can happen.
 
There certainly have been cases where someone is charged with murder for simple assault that ended in death way down the road.

There was a case here with a teenager in a gang initiation had to steal a woman's purse. He grabbed this old lady's purse and she fought for it much harder than he thought she would and she ended up falling and cutting her head in the struggle. She had a heart attack, suffered failing health and died several months later. He was charged with murder when what he did was an attempt to snatch a purse - something he actually gave up on during the attempt.

In a situation like that it is a perversion of the law. Some prosecutors do that of course and try to get inappropriate convictions, but the vast majority respect the intent of the law.

A conviction would be unlikely outside of a racist jury, and would probably be overturned on appeal if it did happen. Normally to be charged with felony murder the death has to be a direct consequence of a the crime, it can't be something that happens some time later from an unrelated event. Also, the death has to occurr in the commission of a felony, not a misdemeanor.
 
I can't imagine that's correct. I've only heard of someone being taken off life support when there is no brain function.
 
Sorry, just jumping in. This is not bullying. It was assault, and now murder/manslaughter. I am horrified and devastated for his family. I just dealt with a crying 8yo daughter this morning, upset over girls in her class who think it is okay to judge others. :(
 
Sorry, just jumping in. This is not bullying. It was assault, and now murder/manslaughter. I am horrified and devastated for his family. I just dealt with a crying 8yo daughter this morning, upset over girls in her class who think it is okay to judge others. :(
Agreed, but it's what bullying can lead to. If you read my post earlier in this thread, I was also bullied at the same age, in the same way, and was pushed into a fight because they all wanted to see me picked on. I defended myself the only way I knew possible- to dig my nails into this girls' arms and pin her arms down until I drew blood and she backed off. I was never taught to punch or defend myself, but I liked myself well enough to try.
 
Linus, from everything I can read he was well liked in the school and a very successful well-adjusted student.

There's no indication - at all - that there was a group of kids against him - this was two boys. The DA who has said there will be charges filed has also said so far been unable to find corroborating evidence of bullying.

Sad, sad that this child is gone but it doesn't appear the kids in general were against him.

I'm sorry that you had such a bad experience in school. Very painful.
 
Linus, from everything I can read he was well liked in the school and a very successful well-adjusted student.

There's no indication - at all - that there was a group of kids against him - this was two boys. The DA who has said there will be charges filed has also said so far been unable to find corroborating evidence of bullying.

Sad, sad that this child is gone but it doesn't appear the kids in general were against him.

I'm sorry that you had such a bad experience in school. Very painful.
Mine started with 3 boys- one in particular, who didn't want to have to sit by me in class (teacher assigned) in 4th grade calling me names, and then spread to the girls who wouldn't have anything to do with me for fear of losing their popularity. It didn't even involve the particular girl who wanted to fight me.
 
Mine started with 3 boys- one in particular, who didn't want to have to sit by me in class (teacher assigned) in 4th grade calling me names, and then spread to the girls who wouldn't have anything to do with me for fear of losing their popularity. It didn't even involve the particular girl who wanted to fight me.

Again, I'm sorry that you had to endure so much.

I don't think this was the situation with Bailey, from what is written about him.
 

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