Though the Madison County District Attorney's Office has concluded its investigation, chief deputy District Attorney Tim Gann recently addressed some alternate theories in the case of injured Deshler High School student August Borden and explained why he chose not to pursue criminal charges.
Borden was severely injured on August 15 after another student "bear hugged" him from behind. Gann said Borden passed out and fell to the concrete, resulting in major head trauma. The DA's investigation determined the incident was accidental, and the result of typical high school "banter" and horseplay gone wrong.
Gann said his investigation focused on witness accounts and the alleged intent of the student who performed the bear hug, regardless of speculation and rumors online of it being an intentional assault that Tuscumbia City Schools officials tried to cover up.
"We're focused on what we can prove, so we're wanting to talk to people who actually saw something," Gann said in an interview with WAAY31's "Law Call." "There's a lot of chatter out on the internet…in general rumors. We can't operate off rumors. We have to find who saw it and look at the hard evidence."
Gann and other investigators took statements from five students, two coaches, and two staff members who were on scene, as well as "real-time" texts sent from students shortly after the incident.
Based on their testimony, Gann said Borden was walking to football practice while joking and laughing with his teammates. There was no clear connection between the bear hug and what caused Borden to lose consciousness, he said.
"We don't know why he passed out. He could have had an underlying medical condition," Gann told the outlet. "He could have had a vagel response. Nobody really knows. And as far as our purposes, the reason he passed out is not as important as the conduct."
Gann said he looked into possible charges of harassment or negligent conduct, but ultimately determined that there was no ill intent on the part of the other student and that the injuries were caused by the fall after an unexpected and sudden loss of consciousness.
He said he did not interview Borden's doctor but agreed that his injuries were consistent with an assault. However, he relied on witness statements to determine what really happened, and emphasized that Borden and his teammates were reportedly all laughing at the time of the incident.
"A doctor cannot say, unless he saw it, who did it or how it happened," Gann said. "...Those kids all said they will never forget how that sounded when he hit the concrete. It was a horrible fall."
During the interview, a caller from Texas asked about a social media post made the day after Gann concluded his investigation, allegedly showing the student involved with the caption "beat the case."
"Initially, when I saw it, it raised my blood pressure," Gann said. "When this whole thing happened, it raised my blood pressure."
After further review, Gann said the post was not made by the student in question, and there was no way to determine when the photo was taken.
Gann also dispelled rumors that students signed non-disclosure agreements to prevent discussing the incident or that they coordinated their stories.
Will League, a lawyer specializing in civil law, explained during the interview that the Borden's family has several avenues with which to pursue a civil case.
Borden's attorneys, Kristin K. Stamps and Shane Sears, said the family has not given up seeking justice for their son.
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