The Baltimore school police officer caught on video slapping and kicking a student will not have to face the most serious charge that was against him. Keith Daniels is live right now with word that the felony charges against that officer have been dropped, Keith?
Keith: Well Guy the incident happened here last month and tonight new developments in the case.
Two Baltimore school police officers, *** are caught on camera *** at Reach partnership school. Officer Anthony Spence is seen slapping then kicking a student prosecutors initially charged Spence with felony child abuse but now have dropped the felony charge. Prosecutors released this statement that reads in part. We have determined the defendants in these cases did not have temporary care or custody of the victim. Therefore the child abuse charges are not appropriate, Warren Brown.
Spence att: Couldn't imagine why they were filed in the first place you know. Spence attorney is pleased but his client is still charged with misdemeanor assault and misconduct in office and according to Brown Spence can't wait to defend his actions against the student who the officer says spat on him.
Spence att: That is a provocative act, that is an act of a very hostile or dangerous individual and once he spat on Officer Spence he in his own mind knew all bets were off.
Reporter: But the students attorney.
Attorney: Emotionally he is still having some issues.
Reporter: Says this client did not spit on anybody.
Charles: Even if a child does something wrong it's again its not the Wild Wild West that school police officer has to act responsibly and reasonably under the circumstances and again our client didn't spit on that officer or the other officer.
Reporter: While Brown says Spence will now I asked the school district to resume his pay, school officials suspended him without because of that felony charge. We are live in East Baltimore Keith Daniels Fox Morning five news.