Second of Four Misdemeanor Assault and Battery Charges Against Former HJB Preschool Teacher Dismissed

During the Thursday afternoon, February 22, 1 p.m. Motions Docket of Warren County Circuit Court the Commonwealth restated the reason for its motion for a Nolle Prosequi (dismissal) in the criminal misdemeanor Assault and Battery case of former Hilda J. Barbour Preschool teacher Kayla Ann Bennett that was scheduled for a jury trial that morning. The reason in the motion filed on February 15 and signed by Warren County Commonwealth’s Attorney John Bell, was the unavailability of a key prosecution witness to proceed to trial, apparently running up against speedy trial statute requirements.

Court records indicate that this was the second Nolle Prosequi filed by the Commonwealth this month on a misdemeanor Assault and Battery charge related to Bennett’s past pre-school teaching position at Hilda J. Barbour Elementary School and alleged harsh treatment of two children in her classroom. The first motion, dated February 2 for a trial scheduled for February 8, states the same reason for the inability to proceed to trial on the scheduled date leading to the Commonwealth’s motion to dismiss the case “without prejudice”, essentially meaning as we understand, that it could be refiled if the prosecution felt circumstances justified such a refiling. It might be noted that defense counsel Thomas Plofchan, present by remote phone hookup Thursday — the defendant, who is free on her own recognizance bond, was present in person — noted to the court he wanted to reiterate his preference stated in the February 8 dismissal hearing that the case be dismissed with prejudice, ending it once and for all.

‘Stop’ was the message out of the Warren County Courthouse on Feb. 22 on a scheduled trial regarding one misdemeanor allegation against former HJB preschool teacher Kayla Ann Bennett. Witness availability issues have impacted two misdemeanor prosecutions this month.

Both written motions for dismissal of two of the four misdemeanor Assault and Battery charges faced by Bennett — she also faces two felony counts of Cruelty/Injure child (labor) — explain: “As grounds therefore the Commonwealth represents that Deputy Cindy Burke is still unavailable to testify by reason of her recovery from surgery and is a necessary witness to proceed in this case. As the Commonwealth has previously continued these matters over the objection of the defendant, the Commonwealth now moves for a nolle prosequi, being unable to proceed on the scheduled trial date.”

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. The remaining trial dates are scheduled for March 1, misdemeanor A&B; March 21, felony Cruelty/Injure a Child; April 2, misdemeanor A&B; and April 4, felony Cruelty/Injure a Child.

As he did in the February 8 motions hearing, after hearing from both sides Judge Daryl L. Funk granted the dismissal request, noting a formal dismissal order would be forthcoming. Judge Funk referenced comments by Commonwealth Attorney Bell regarding upcoming trial dates, observing that the involved parties were now “advised to what might be coming.” What it appears that may be, is further dismissal motions on the remaining misdemeanor cases, with a prosecutorial focus on the two felony charges. That focus would appear to include the felony count currently scheduled for trial on March 21, moved to the April 2 date vacated, if dismissal is applied for and granted on the misdemeanor count scheduled for trial that day. That new felony trial date would fall two days prior to the currently scheduled April 4 trial on the other felony count.

If not misdemeanor trials now, perhaps felony trials in early April related to allegations of too-harsh treatment of two preschoolers by their former teacher.

Background

Past courtroom discussions 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, preschool 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 involved 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. 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 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 grabbed and jerked a youngster’s arm to pull the child away from a doorway it was 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.

As noted above, Bennett’s next misdemeanor trial date is slated for March 1 — stay tuned for any news on motions related to that trial.