The father of injured Deshler High School student August Borden said he was "shocked and appalled" at the Madison County District Attorney's Office's decision not to pursue criminal charges for what happened to his son.
Since August 15, when August Borden suffered major injuries to his head and face while on a short walk from the main school building to football practice, Jason Borden has questioned the narrative put forth to him by Tuscumbia City School officials that the injuries were from an accidental fall. He claims he and August Borden's other parents were being lied to after they were initially told another student was responsible for the injuries.
Jason Borden believed the school was trying to cover up the truth to protect the student, an alleged star football athlete.
"Like everyone else hearing this announcement, who have followed this case over the past seven weeks, I'm shocked and appalled at the decision made by District Attorney Tim Gann," Jason Borden told 1819 News, referring to Chief Deputy District Attorney Tim Gann, who led the investigation after Colbert County officials handed over the case due to potential conflicts of interest.
Based on his investigation, Madison County District Attorney Robert Broussard said during a press conference on Wednesday that the incident was a "freak accident" that occurred when August Borden and another student were horsing around.
"What we have here, what we've learned is this is more or less typical high school banter and some limited physical contact involved with no malice, no anger involved among any of the students, and a freak, unfortunate accident that resulted in the injured student's injuries," Broussard said.
While not agreeing with his characterization of events, Jason Borden said that it was at least an admission that another student was involved.
"We know this case has been riddled with lies, and corruption since its inception." Jason Borden continued. "The one thing that did come from Madison's poor investigation is that we know without any uncertainty that at least one other student was involved in the attack that left my son without a pulse, and med flighted to UAB hospital, where he spent the next three days in the ICU. This alone proves that the school lied to the Tuscumbia police department, they lied to the media, and they lied to the paramedics on day one when they said August did this on his own."
Gann began his investigation on September 2, and he said it was "like starting over from scratch."
"Gann waited a full 31 days before even speaking to or interviewing the person who had their hands on my son. His other interviews were with friends of the attacker, coaches of the attacker, all with vested interests to ensure that their football season goes uninterrupted due to this vicious attack. I have to question Gann's ability to make concise decisions and judgments, knowing these are the same individuals who lied to the police and the paramedics on August 19, stating that my son fell on his own and no one else was involved."
Jason Borden said investigators relied heavily on a paper his son signed in June as part of an athletic physical exam, stating that "he had, at any point in his life, felt dizzy after a strenuous workout session, or felt his heart racing after a strenuous workout session." Jason Borden said his son's doctor claimed the injuries were "too severe" for a fall and were more in line with an assault. However, Gann did not interview August Borden's doctor, Jason Borden said.
Before handing over the case to Madison County, he said investigators with the Tuscumbia Police told him they would be pursuing third-degree assault charges.
"While that is still an insult given the state of injury, it was at least a decision that had been made by a lead investigator," Jason Borden said.
While the Madison County DA's Office considers the case now closed, Jason Borden isn't giving up his fight for his son.
"I can't discuss what comes next, but I can assure you this case is far from over," he said.
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