From [HERE] A case regarding the alleged abuse of migrant children in a Southwest Key shelter will be referred to the Maricopa County Attorney's Office for review and to determine whether criminal charges will be filed, according to the Maricopa County Sheriff's Office.
The news comes after the Arizona Republic obtained surveillance videos through an open records request that show staffers pushing and dragging migrant children in a shelter operated by Southwest Key, the nation's largest provider of migrant children shelters.
According to the newspaper, the incidents took place at the Hacienda Del Sol shelter in Youngtown, Arizona, in mid-September and involved three children and numerous staffers.
Southwest Key closed the Hacienda Del Sol facility in late October after negotiations with state health authorities who were considering revoking the licenses of 13 Southwest Key shelters in Arizona, according to the Arizona Republic.
CNN previously reported the Arizona Department of Health Services considered the move because Southwest Key had failed to provide the department with proof it conducts background checks on employees.
The videos were blurred and edited by the state's Department of Health Services, which licenses the migrant shelters.
One clip published by the Arizona Republic shows a male staffer dragging a young child into the room and pushing him against the wall. There appears to be a confrontation between the two before the male staffer leaves the room.
Another video shows a female staff member pulling a child through the room and attempting to enter another room.
The child lies on the ground and the female staffer drags the child through the doorway as another staff member pulls a different child into the conference room and drags that child into the next room.
The Arizona Republic in October submitted a records request to the Sheriff's Office for details on the incidents that prompted the suspension. The agency has yet to provide records, but late Friday, a spokesman said after reviewing the specific surveillance videos, as well as hours of other videos to ensure no harm to children, it found no grounds for criminal charges.
"(T)he investigation determined that while physical force and restraint techniques were used against these minor children, these actions did not rise to the level of criminal charges," Sgt. Joaquin Enriquez said in a statement.
State law permits the kinds of restraint techniques shown in the videos, he said. [MORE] As such, even though police witnesses the assaults on video they did not believe the conduct established probable cause for arrest. Thus, no arrests were made by cops. Could you shove or drag a white person’s kid on the floor?
Take a look at the law of assault in Arizona;
A. A person commits assault by:
1. Intentionally, knowingly or recklessly causing any physical injury to another person; or
2. Intentionally placing another person in reasonable apprehension of imminent physical injury; or
3. Knowingly touching another person with the intent to injure, insult or provoke such person.
B. Assault committed intentionally or knowingly pursuant to subsection A, paragraph 1 is a class 1 misdemeanor. Assault committed recklessly pursuant to subsection A, paragraph 1 or assault pursuant to subsection A, paragraph 2 is a class 2 misdemeanor. Assault committed pursuant to subsection A, paragraph 3 is a class 3 misdemeanor.
In In general. in the case of either kind of assault,] Injury means any physical injury, however small, including a touching offensive to a person of reasonable sensibility.
Now police have referred the matter to the prosecutors. In a statement released Sunday: "Based upon the evidence gathered during this thorough investigation, MCSO executive command has made the decision to submit the case to the Maricopa County Attorney's Office for its review and determination of criminal charges."
The case will be submitted on Monday, the sheriff's office said.
The company issued a statement at the time of the incident.
"We wholeheartedly welcomed the Office of Refugee Resettlement's decision to suspend operations at Hacienda Del Sol and are working to thoroughly retrain our staff," Southwest Key spokesman Jeff Eller told the Arizona Republic in a statement on October 5.
"We are simultaneously engaging the Child Welfare Consulting Partnership to do an independent, top to bottom review of our processes, procedures, hiring and training in our Arizona shelters."