'No finding of criminal wrongdoing' in masking of student with Down syndrome, state attorney concludes

State Attorney Phil Archer has completed a review of a police investigation into allegations of improper masking of a student with Down syndrome by Brevard County Schools staff last year.

Archer concluded that there was no finding of criminal wrongdoing in the case brought by Jeffery Steel who claimed his 7-year-old daughter came home from Ocean Breeze Elementary School with a mask tied tightly around her head.

RELATED: Father of child with Down syndrome says mask was tied around his daughter's head

"Medically, she could aspirate, she could asphyxiate, all sorts of medical things that could happen and because of her breathing, because of her enlarged tongue could cause seizures," Steele explained in an interview with FOX 35 News in October.

A Florida father of child with Down syndrome said mask was tied tightly around daughter's face without his consent. 

Steele said he always assumed his daughter, Sophia, was exempt from the mask mandate and was furious no one from the school ever called him.  

State Representative Randy Fine, R-Palm Bay, also weighed in on this case as it became politicized.  

"There’s a special place in hell for people who did this to that man’s daughter," Rep. Fine said at a news conference alongside Gov. Ron DeSantis.

Following the incident, Brevard Public Schools released a statement on the situation, which read, "The student was given a mask exemption as soon as the parents made the request to school leadership. The school district is investigating the allegations made by the family. BPS strives to ensure each student has the best educational experience possible and will continue in that effort."  

The district then changed its mask policy within hours allowing for parental opt-outs in all cases.

Archer praised the Indian Harbor Beach Police and its chief for "a very thorough and professional investigation."

"After a careful review of the investigative reports, interviews, and evidence provided to our office, we agree with the conclusion reached by the Indian Harbor Beach Police that no criminal acts were committed," he said.  

Archer added, "This case is a textbook example of what rushing to judgment prior to the conclusion of an investigation, can produce in today's hypersensitive politically charged climate."

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