The special prosecutor in charge of an assault and battery case against a Lord Botetourt teacher has asked a Botetourt County court to dismiss the case.
Victor Terry was convicted of misdemeanor assault and battery February 7 in Botetourt County Juvenile and Domestic Relations District in Daleville.
Terry's attorney's appealed the juvenile court's decision.
Roanoke City Commonwealth's Attorney Don Caldwell, the prosecutor in the case, says after his own investigation, he has asked the Circuit Court of Botetourt County to dismiss the case.
The incident happened in the shop area of Lord Botetourt High School when Terry asked a student who was entering the classroom to stop making a disruptive noise.
Caldwell says there's no question Terry touched the student to stop him from entering a classroom. But the special prosecutor says there's no evidence Terry attempted to cause any injury, so the case is not a criminal matter.
Caldwell says video of the incident shows "that the interaction at the doorway did not appear to draw the attention of the student in the classroom. In all respects, it appears to be 'business as usual.'"
To read Caldwell's news release, click here.
