A former security guard has been sentenced to five years of felony probation after being captured on camera beating a disabled student in a wheelchair.
Marchell Mitchell was a security guard at Oakland High School1 when the shocking video emerged by in May 2014, showing him violently assaulting pupil Francisco Martinez.
The 25 year old was convicted of felony assault and misdemeanor battery back in July.
Mitchell was sentenced2 on Monday by Alameda County Superior Judge Stuart Hing and was given credit for the 232 days he has served since his July 21 conviction.
Police handout 
Sentenced: Marchell Mitchell was given five years felony probation
The county probation department will now decide his probation terms, which is thought to include 26 sessions of anger management or an equivalent time of community service.
In the CCTV videos3 , which were released by the school district shortly after the incident, Mitchell is seen tipping Martinez, who has cerebral palsy, out of his chair before kicking him and throwing him into an elevator.
Mitchell was arrested on the day of the assault and had his employment immediately terminated.
Shocking: The footage shows the guard tipping the student out of his wheelchair
It is thought the incident started when Martinez “either refused to comply or was slow to do so” when Mitchell and another security guard had asked a group of pupils to get to class, according to a parents later from Oakland High School Principal Martin Abdel-Qawi.
The second security guard had to intervene and restrain his partner.
A civil lawsuit has been settled for an undisclosed amount, according to San Francisco Gate News, and also claims that Mitchell told Martinez: “I hope you never walk.”
But Mitchell’s lawyer claimed Martinez was a “known aggressive student” and that his client was only acting in self-defence.
Brutal: Martinez was kicked and punched before being thrown into a lift
Mitchell is no longer allowed to approach Martinez and cannot work in a school for the duration of his probabtion.
Before he was sentenced, Mitchell said: “This chapter of my life has been a life-changing event and I will teach my children that your actions speak loud.
“I want to ask Mr .
Martinez to forgive me for my actions and any grievances he and his family have.”
He added: “I never wanted to commit a crime or hurt anyone, but actions speak loud.”
References
- ^ Oakland High School (www.mirror.co.uk)
- ^ Mitchell was sentenced (www.mirror.co.uk)
- ^ In the CCTV videos (www.mirror.co.uk)
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