An out-of-court resolution of possible criminal charges against
a Live Oak High senior for tossing a racquet ball at a sheriff
’s deputy dressed as the Grim Reaper is in the works.
An out-of-court resolution of possible criminal charges against a Live Oak High senior for tossing a racquet ball at a sheriff’s deputy dressed as the Grim Reaper is in the works.
Deputy Ron Breuss, dressed as the Grim Reaper, arrested Christopher Smith, 18, of Morgan Hill, on one misdemeanor count of battery on Oct. 20. The incident occurred as the deputy was selecting students to take part in the high school’s Every 15 Minutes program aimed at convincing students of the dangers of drinking and driving.
The case has been referred to the Alternative Dispute Resolution/Referral Service designed to assist victims and suspects in resolving pending criminal matters. It is a cooperative effort of the Santa Clara County District Attorney’s Office and the county’s Office of Human Relations.
Bruess and Smith have agreed to take part in the mediation, said Frank Carrubba, supervising attorney in the DA’s South Valley office in San Martin.
“I don’t anticipate any problems in this going to a resolution,” Carrubba said Monday afternoon.
“It sounds good to me,” Smith said Monday. “It’s a lot better than facing charges in court. This way we can talk through the situation. I”m sorry all this happened. I hope it means I can continue with my life.”
Bruess could not be reached for comment.
Chris’ father, Emmett Smith, said Monday he’d “like the deputy and my son to come out of this as friends.”
Emmett Smith said a complaint filed with the Sheriff’s Office over Bruess’ actions has been withdrawn.
Police Chief Bruce Cumming said he, too, was pleased that both sides appear to be on the way toward an out-of-court resolution.
“The makes sense to me,” Cumming said. “I commend the deputy for taking this approach. He’s been in involved in these programs in the past.
“Police officers are human, too. We take some abuse from time to time. Getting hit in the back is not something he should have endured.”
In the program, mediators assist the parties in coming to their own solution, which can be made binding by both parties. The emphasis is not only on settlements but on relationships, communications and prevention of further conflict, Carrubba said.
No crimimal charges would be considered if Smith and Bruess agree on a resolution.
“We’ll cross that bridge if we come it,” Carrubba said in reponse to a question if the two did not agree after taking part.
The mediation involves both sitting down in a face-to-face meeting with a neutral third-party. The mediator facilitates communication, understanding and problem solving with the parties. No solutions or legal advice are given, Carrubba added.
Carrubba said the mediation is often used in cases involving neighbors.
Smith said he thought the Grim Reaper was actually PE coach Glen Webb, whom he knows well and jokes around with. Smith said he acknowleded tossing the ball and apologized.
The Morgan Hill police report states the teacher pointed out Smith to the deputy as the student who had thrown the ball after he asked who had done it.
