WSET.com - ABC13New Trial Set For Teacher Convicted Of Assault

New Trial Set For Teacher Convicted Of Assault

Reporter: David Tate

Botetourt Co., VA - A Botetourt County High School teacher, convicted Tuesday of simple assault on a student, has five more days to get his defense together for a new trial. That comes after Victor Terry's attorney filed an appeal and a new prosecutor appointed.

Terry, 37, was charged after a November incident where he was accused of grabbing the shirt of a student who was disrupting his class.

According to the Commonwealth's Attorney, after the student disrupted the class a second time, he was sent to administration where he would eventually tell authorities of the alleged assault.

After that, a warrant was filed against Terry who was summoned to court to answer the charge. Terry was never booked or arrested.

Tuesday's conviction resulted in a suspended $50 fine which was then appealed. In Virginia, defendants automatically get a new trial by appealing a lower court case to the Circuit Court.

Roanoke's Commonwealth's Attorney, Don Caldwell, was assigned the case after the victim's family and the Botetourt County Commonwealth's Attorney Office developed trust issues.

"Under this particular set of circumstances, which is relatively unusual, I think it probably is a good idea to get a fresh set of eyes on it and that is what I am currently doing," said Caldwell.

Caldwell's office is currently investigating and will decide if there is enough evidence to go forward. If there is, Terry will be back in court on Wednesday.

If convicted, he will likely lose his job per state law, but until then Terry remains on paid administrative leave.