Is Judge Tain Kell guilty of judicial misconduct?
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In May, a 9th grade student at Harrison High School was where he was supposed to be - the computer lab. He was sitting with his friends. That was until a senior and his friend approached the slight teen to say that if they were in Africa, the 9th grader would be picking cotton and they would be picking diamonds. The boy, an American Citizen born in Puerto Rico stayed silent. His father serves in the National Guard in Georgia and was recruited 12 years ago by Atlanta Police Department.
The older boy, an 18 year old adult, then grabbed the boy's backpack, stating he "was hungry." He rummaged through it and then grabbed the boy's sandwich, opened it and ate it, continuing to menace the boy to try to stop him. All the while, a teacher was in the classroom and did nothing. When the boy did not react, the senior, who is over six feet tall, quickly reached behind him in a threatening motion, then got close to the boy's face and shot a substance into it, covering his glasses and blinding him. The 9th grader's reaction came in the form of three quick punches to the senior bully. Terrified the bully would get up and kill him after defending himself, the boy was able to get the bully - double the child's size and weight - into a head lock.
Then and only then, did the teacher get up. All three boys were taken to see asst. principal Arthur O'Neill and their parents were called. The bully's mother took him home. The 9th grade student's mother was told that her child would be given a suspension for fighting.
On the following Monday, the 9th grade boy's father, an APD cop went to meet with asst. principal. The meeting was recorded. As a law enforcement officer, Det. Jorge Santa was shocked to hear O'Neill state that criminal law - his son's right to defend himself - did not take precedent over school rules and his child was suspended and if Det. Santa did not do as he was told, his son would be charged with felony assault.
What has shocked the community is O'Neill's confident statement that he "would have him charged." As an officer, he didn't back down. The law was on his side. So when his son was charged with Felony Assault with Strangulation (from the head lock) and Felony Assault Destruction of Property(the bully claimed his glasses were broken when he was hit, and three counts of criminal trespassing, Cobb County Parents smelled conspiracy and corruption. How did the asst. principal have such access to the justice system? How did Cobb County School District think that they could get away with going after a child in order to show his father what happens to people who stand up to them?
The answer is on the Cobb County Superintendent's page. Advisor: Cobb County Chief Superior Court Judge LaTain Kell. We've filed under Georgia Public Records Act to obtain the phone logs and have yet to hear a response. They have until Friday, August 10th to produce them.
Kell was recently named to the short-list for Georgia Supreme Court. Governor Nathan Deal will make the final decision and we are asking that Kell be taken off of the list and made to answer for his advisory role with the Cobb County School District Superintendent.
Judicial misconduct occurs when: Actions that can be classified as judicial misconduct include: "having improper discussions with parties or counsel for one side in a case; acting outside the jurisdiction of the court, or performance of official duties if the conduct might have a prejudicial effect on the administration of the business of the courts among reasonable people."
Stand with us against a system that has, to date, run Cobb County. What you won't hear, and you should, the senior bully involved in this incident has a history. He threatened another 9th grader during a group chat three months earlier, bragging about his gun that he used to shoot the heads off animals. Two weeks after THIS INCIDENT, the bully drove to a public park with a loaded hand gun and shot a 16 year-old boy in the face. He told police someone shot the 16 year old from the woods. After a full scale evacuation of the park, the gun was discovered in the car during medical evacution of the 16 year old shooting victim. He was charged with "pointing a gun" at another person and filing a false report. Really.
Elected officials want their friends protected. That means their kids are allowed to terrorize our children unchecked.
Judge Kell's advisory position is a little too cozy with the Cobb County School Superintendent and the Cobb County DA. We are defiant. If it is proven that collusion took place, we want these men charged.
Until then, please sign our petition and tell Nathan Deal that Judge Kell isn't fit for the Georgia Supreme Court.
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