Judge allows Liberty student to graduate

Accused of making threat, district had barred him from walking in ceremony

YOUNGSTOWN -- U.S. District Court Judge Benita Pearson issued a temporary emergency order on behalf of a 17-year-old Liberty High School student, compelling the school district to allow him to take part in Thursday night's commencement.

Pearson found that school officials produced no evidence that a true threat from the male student exists, or that his taking part in commencement would harm others.

The judge scheduled another hearing for 1 p.m. June 10 on a request for a preliminary injunction on the school discipline against the teen, whose full name is not given in the court action and who is accused of making a threat over social media.

At an emergency hearing Thursday morning that lasted almost two hours, the court heard from the boy's mother, who is an attorney; and from defense counsel representing the school district, Christine Tomko Cossler, Maria Pearlmutter and Mark S. Fusco.

The judge released the teen, who was present during the Zoom hearing, to attend the commencement after posting a $1 bond. Pearson, however, did not allow the student to attend graduation practice.

The boy's mother went to court after the teen on May 13 was suspended from school and school activities after posting a Snapchat message on April 30 while arguing with another student: "Bro I'll kill you I'll do what I did to the teachers to your family."

Also present at the hearing was Liberty schools Superintendent Andrew J. Tommelleo.

"We will comply with the judge's decision. I will not comment on any past events," Tommelleo said after the decision was made. "Moving forward, we will continue to make the best decisions given any and all investigative information."

District lawyers had testified at the hearing that school administrators took the threat seriously because of assaults the teen was accused of making against staff in January 2019.

A Liberty Township police report dated Jan. 16, 2019, noted assaults on school staff, an emergency room nurse and LSD use by a then-15-year-old student.

His mother, the attorney, in a motion stating the student's position in the federal case, states the school district "seeks to discipline (the student) for the equivalent of 'trash talk' when he was out of school, on his own time, and not involved in a school activity."

According to court documents, the student now has a 3.3 grade point average and was diagnosed with Attention Deficit Hyperactive Disorder.

gvogrin@tribtoday.com