by 
Pinal County Attorney Lando Voyles, left, and Superior Police Chief Mark Nipp address reporters about the decision not to file felony charges against former Superior School Superintendent Pat O’Donnell. Courtney Trumbull | Superior Sun
While the Pinal County Attorney’s Office has declined to file felony charges against former Superior School Superintendent Patrick O’Donnell for child abuse and assault on a minor involving a special needs student, O’Donnell could still face lesser charges in Superior’s local judicial system.
During an April 8 press conference in Florence, Pinal County Attorney Lando Voyles said after reviewing all the evidence in the case and turning to several other attorneys look for advice, he saw insufficient evidence to justify a felony indictment. So at the recommendation of Superior Police Chief Mark Nipp, the case has been handed to Superior Town Attorney Stephen B. Cooper, who will review the evidence to determine if it warrants the filing of misdemeanor charges against O’Donnell.
The entire evidence file was handed to Cooper during the April 9 Superior Town Council meeting. Cooper promised a quick decision on whether misdemeanor charges and a trial are appropriate. If Cooper opts to press misdemeanor charges, trial would be held in the Superior Magistrate Court.
Had the county pressed charges, O’Donnell would have faced one count of child abuse (a Class 4 Felony) and two counts of assault on a minor (both Class 6 Felonies).
The case began in mid-January when a 7-year-old special needs student accused O’Donnell of hitting his head on a table after O’Donnell escorted the boy off a school bus following an altercation with another student. Security video showed O’Donnell, who also is principal of Superior’s Kennedy Elementary School where the boy attended first grade, tightly holding onto the child’s wrist while taking him to his office to wait for a ride home. When the boy’s older brother arrived to drive him home, he said he witnessed O’Donnell forcibly push the younger boy into a chair, which O’Donnell admitted to the police.
This prompted the boy’s mother Michelle Thompson to report the incident to the Superior Police Department. During the subsequent investigation, police uncovered a second incident captured on video from Dec. 11, 2014, during which O’Donnell was seen slowly pushing a small table until it pinned the boy sitting in a chair between the table and the wall. The young student was not injured during the incident though continued to move and rock the table afterwards.
The December video appeared in a Jan. 25 report on ABC15 News, which prompted the Superior School Board to put O’Donnell on paid administrative leave. O’Donnell resigned as Superior School Superintendent in March. Thompson also has pulled her special needs son out of Kennedy Elementary.
According to Thompson, her son had brain surgery two years earlier to correct problems causing him to suffer epileptic seizures, so any injury to his head while he is still recovering could be life threatening.
Following the Voyles announcement, Thompson told the media she was “disappointed in the decision.” Stating that her son “was scarred for life” as a result of the incidents, she added that something should be done “before it happens to other children”.
Throughout the press conference, Voyles repeatedly praised the Superior Police Department for conducting a thorough investigation and all the other hard work the department performed to bring the case to his attention. While Voyles didn’t find the case rising to the level required for a felony prosecution, he acceded to Chief Nipp’s belief that the evidence warranted some prosecution even if only as misdemeanors.
It is hoped that Attorney Cooper doesn’t take long to decide whether to prosecute O’Donnell. It took the Pinal County Attorney’s Office nine weeks to reach its decision.
Because the case remains open, neither Voyles nor Nipp would comment on the evidence. And when a TV news reporter noticed Thompson and her family present, she asked Nipp if he had a message for them, with Nipp replying that he had already spoken with them in private – “as it should be.”
Nipp also issued an appeal for other victims of abuse in Superior schools, if any, to come forward as the Superior Police Department places a high priority on protecting children.
James J. Hodl is a career journalist who has worked for newspapers, magazines and trade journals. A graduate of Southern Illinois University with a Bachelor of Science degree in Journalism, Hodl began his career as a reporter with the Palatine (IL) Herald and the Morton Grove (IL) Review before becoming editor of the trade publication Appliance Service News. In recent years, Hodl has had articles published in Consumers Digest, Good Housekeeping, Home Remodeling, Kitchens & Baths and Salute; and has contributed to trade publications serving the home furnishings, restaurant and casino markets. A native of Chicago, Hodl relocated to San Tan Valley in 2013.
by by