COBB COUNTY, Ga. (CW69 News at 10) —  A magistrate court judge ruled Cobb County school bus driver Richard Tebbens had to turn himself in by 7 p.m. on June 14, 2021. Tebbens was charged with misdemeanor simple assault and battery in a 2019 case involving a 10-year-old elementary school student.

“It’s just a shame that it took this much just to get a warrant issued for this criminal,” said Justin Mosley, the student’s dad. “That is all that this father has asked for from the very beginning,” said Mosley’s attorney Mawuli Davis. “This father has stood and held his ground for almost two years, just trying to fight for justice for his son.”

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Mosley’s son attended Lewis Elementary School at the time of the November 2019 incident. Davis described the bus camera video showing the bus driver as he approached the student, who was sitting at the back of the bus. He called it an example of white privilege and a racist attack. “There are other students who threw paper. He walks past all of them, goes straight to his son, grabs him by his short collar, grabs his face,” he said, adding what he says the video shows next. “There’s a young white student standing up and he tells her, ‘You need to sit down,’ and he sits down, doesn’t touch her.”

The district attorney determined there was no physical harm done, but Davis says, since the physical contact was considered as “provoking and insulting,” it did, in fact, violate the law. “I have never seen a school district pay to represent someone in a criminal proceeding that they know violated policy and procedure of the school district.”

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A Cobb County School District spokesperson issued this statement:

While we can’t discuss ongoing or pending legal matter, both Cobb Schools Police and Cobb County Police have investigated and determined there to have been no criminal conduct.

“They communicated how disastrous it would be for the driver, but they have yet to show any sympathy for my son,” said Mosley, who also says his son has been in counseling. “He understands what happened to him wasn’t right, but he also understands he wasn’t in the position to defend himself.”

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There was no immediate response from Tebbens’ attorney and no word, as of the afternoon, on whether Tebbens was still employed with the district. Davis said now they’ll investigate whether to pursue a civil case in this matter.