Connect with us

Crime/Court

Another Dropped Prosecution in Bennett Pre-School Student Physical Abuse Cases

Published

on

The first of two scheduled felony trials on Child Cruelty charges against former Hilda J. Barbour pre-school teacher Kayla Ann Bennett scheduled for Warren County Circuit Court this week followed the pattern of earlier, related misdemeanor Assault and Battery charges — it was dismissed (Nolle Prosequi) by the prosecution. The most recent dismissal came on Monday, April 1, the day prior to the scheduled trial. Warren County Commonwealth’s Attorney John Bell explained the “nul pros” as a result of the continued absence of a pivotal prosecution witness out of state, coupled with issues of running past prescribed time-frames for a defendant’s right to a “Speedy Trial” resolution of charges against them.

Witness availability and speedy trial statutes have impacted prosecutions in the cases of undue physical contact with students brought against former Hilda J. Barbour pre-school teacher Kayla Bennett. Royal Examiner File Photo

That missing prosecution witness is a teacher’s aide who is believed to have witnessed incidents of harsh treatment of two children in Bennett’s classroom. Bell said the witness is slated to return to the area tomorrow, Wednesday, April 3. So, the second scheduled felony Child Cruelty trial of Bennett slated for Thursday, April 4, was still on as of Tuesday morning, Bell said.

Bell explained the surviving felony charges the prosecution chose to focus on due to earlier witness availability or other issues revolving around four related Assault and Battery misdemeanor charges, were divided by two separate victims. Bennett taught a pre-school class of 20 children ages 2 to 5, with most children 3-to-4 years old. Half of Bennett’s class were considered Special Needs students.

As previously reported by Royal Examiner, past courtroom discussion and related filings and public school releases on the allegations indicated the charges revolved around a parental belief Bennett may have initiated undue physical contact with two of her special needs, pre-school students aged 3 to 4 years, with the incidents occurring “between January 4 through May 5” of 2023. It appears the incidents the felony charges involve came at the later end of that time-frame, in April to May of last year. Public School system administrators said they were made aware of the allegations on May 4, 2023. The grand jury returned indictments on June 12. Bennett was initially charged on a total of six counts, two felony counts of Cruelty/Injure a Child and four misdemeanor charges of Assault and Battery.

As Royal Examiner reported in the wake of earlier motions being filed and responded to after charges were filed: “Citing the age of his client’s former students as 3 to 4 years old, defense counsel Thomas Plofchan may have hinted at one possible defense claim at trial. Illustrating a point in reaction to sections of the Assault and Battery code as ‘rude and unwanted touching’ the defense attorney noted that a teacher grabbing and jerking a youngsters arm to pull the child away from a doorway it was standing in that was about to be slammed shut by another student, could be interpreted by the grabbed student as ‘rude or unwanted touching’ without realizing the context of the teacher’s intervention to prevent a potential injury.”

It appears we will find out if such evidentiary testimony finally comes into play at trial on Thursday.

Front Royal, VA
72°
Sunny
7:21 am6:35 pm EDT
Feels like: 72°F
Wind: 7mph S
Humidity: 70%
Pressure: 29.98"Hg
UV index: 1
ThuFriSat
64°F / 57°F
84°F / 48°F
54°F / 34°F
State News10 minutes ago

Warner Seeks a Final Term as Mizusawa Makes His Case for Change

Real Estate2 hours ago

New Homes Stopped Shrinking. The Rooms Didn’t Stop Changing

Local News2 hours ago

Lord Fairfax Health District Urges Residents To Prepare For Respiratory Virus Season

Local News11 hours ago

Blue Ridge Wildlife Center Patient of the Week: Ruddy Duck

Community Events11 hours ago

This Week’s Showtimes at Royal Cinemas as of October 15th

Arrest Logs11 hours ago

POLICE: 7 Day FRPD Arrest Report 10/12/2026

Crime/Court16 hours ago

Trial Date of January 6, 2027, Set in Misdemeanor Assault & Battery Case Against Hugh Henry

State News20 hours ago

Virginia AG Launches Voter Protection Unit Ahead of Midterm Elections

National News20 hours ago

US Senators from Both Parties Blast Trump Order to Import Russian Diesel as Illegal

Interesting Things to Know1 day ago

The Four-Year-Old Stage: When Your Preschooler Tests The Limits

Interesting Things to Know1 day ago

The Dignity Is In The Doing

Health1 day ago

New Medicare Bridge Program Covers Weight-Loss Drugs For Some Patients

Opinion2 days ago

“Can’t We Just Watch the Movie at Home?” A Question About the Future of Movie Theaters

Community Events2 days ago

Two Front Royal Churches Plan Joint Oct. 25 Gathering Focused on Faith and Virginia Ballot Issues

Obituaries2 days ago

Robert Arthur Babineau (1961 – 2026)

State News2 days ago

Here’s Where Doctors Diverge on Virginia’s Pending Reproductive Rights Constitutional Amendment

State News2 days ago

Virginia Teachers Balance AI Innovation with Student Creativity Amid Rising Academic Pressure

Obituaries2 days ago

Donna Kersey Deavers Smith (1945 – 2026)

Obituaries2 days ago

William Franklin “Rocky” Walker (1959 – 2026)

National News2 days ago

Measles Cases Reach 4,080 for the Year — the Highest in Decades

State News2 days ago

Data Center Backlash Set to Sway Midterm Elections

Obituaries2 days ago

Mary Ann Williams (1942 – 2026)

Obituaries2 days ago

Winston Richard Summers (1946 – 2026)

Community Events2 days ago

With Mother Nature’s Cooperation Festival of Leaves Draws Another Huge Crowd to Greet the Fall Season

Automotive2 days ago

Turning Off an Airbag Is Allowed in Limited Circumstances