Update: Battery Charges Filed After Teen's Arm Broken at Juvenile Facility

Published 07/08 2014 09:28PM

Updated 07/21 2015 11:37AM

Update (July 21, 2015):
YELL COUNTY, AR - Battery charges have been filed after a teenage boy's arm was broken at a local juvenile facility in a 2014 incident.

Michael Spears, 30, and Tim Spears, 28, were charged last week.

Court documents obtained by FOX16 today reveal that the March 22, 2014 incident happened after a 13-year-old boy being held at the facility had been disruptive and was facing disciplinary action.

The officers had gone to the facility to assist staff in restraining the boy when his arm was broken as he was placed in handcuffs, the documents said.

The older Spears had worked with the Yell County Sheriff's Office while the younger Spears had been with the Danville Police Department.

Both are due in court in two weeks for a plea and arraignment.

Original story (July 8, 2014):
YELL COUNTY, AR - "To a great degree a sense of outrage," says the attorney for the parents of a teenager who was injured while being held at a local juvenile facility.

That's how Michael Robbins says his clients feel over an incident laid out in a June 27 federal civil lawsuit against multiple law enforcement agents in Yell County. 

In the 34-page complaint, Mark and Jessica Barnett, the parents of the 13-year-old, claim their son's arm was broken while in custody at the Yell County Juvenile Detention Center on March 22. 

The suit claims that while locked in a cell, other inmates started making sexual comments toward him. 

"There were comments about his sister and things that they wanted to do to his older sister and it angered him," says Robbins.

The teen, listed as D.B. in the report, according to Robbins, started kicking the cell door and yelling trying to get help. 

But the help Robbins says, came in the way of two officers from outside the facility.

"It's my understanding that they were brought in to teach the young man a lesson. So that's what they were there to do and they did it swiftly and with a vengeance," adds Robbins.

One of the officers named in the suit, Timothy Spears talked to us shortly after the incident when he didn't know why he was fired. He wouldn't tell us what happened, only saying: 

"I had to do what had to be done. Today if I was called to do it, I would do it again, a thousand times over."

The claim states Spears grabbed the teen's arm and twisted it, causing the bone to break.

"When an agent or actor of the state commits that kind of harm against a 13-year-old without provocation, without just cause, without being within the limits of the law they need answer for it," Robbins says.

The sheriff, mayor of Danville, the police chief and two other law enforcement officers were also named in the lawsuit. 

Only the mayor responded, saying it's unfortunate this happened but they are dealing with it and hope it turns out good.

New information to add to this is an investigation by the State Police Crimes Against Children that found allegations of child maltreatment by Tim Spears to be true and that it was physical abuse.

To read the complaint filed by Mark and Jessica Barnett in full, click here or see the attached document above.

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