Pa. man sentenced on charge of assaulting fellow student

October 03, 2002|by STACEY DANZUSO

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CHAMBERSBURG, Pa. - A former James Buchanan High School student who assaulted a fellow student on a school bus last spring avoided jail time Wednesday.

James R. McCauley II, of 1585 Path Valley Road, Fort Loudon, Pa., was originally charged with harassment and simple assault. Through a guilty plea agreement, he was only sentenced on the simple assault charge Wednesday in Franklin County Court.

McCauley's mother and employer spoke on his behalf, and defense attorney Stephen Kulla asked if he could be sentenced to probation. He said that even if McCauley were in the prison work release program, he would probably not be able to continue with his job on a dairy farm in Fannettsburg, Pa., which is about 30 miles from the Franklin County Prison.


Since the incident, McCauley has graduated and is working full time, Kulla said.

According to court records, McCauley struck a 15-year-old Fort Loudon boy while riding the bus home from school at 3:30 p.m. April 12.

When the bus was in the area of Main and Mullen streets in Peters Township, McCauley approached the victim and punched him in his left eye and cheek, court records said.

The victim told police that McCauley accused him of calling him a racial slur before he punched him. The victim denied using any slurs, according to court records.

Because of bruising around his eye, the victim needed a CT scan and also required dental work, Assistant District Attorney Nancy Meyers said.

Judge Carol Van Horn imposed a sentence of intermediate punishment, which requires McCauley to be under the intense supervision of the Franklin County Probation Department for the first 90 days.

"You're not going to prison, but that doesn't mean it's going to be easy," she said. "If you fail to comply with the requirements, you can be sure you're facing a violation hearing and time in prison."

She also ordered McCauley to pay a $200 fine and make restitution of $330 to the victim's family and $1,275 to BlueCross BlueShield.

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