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John Benji Haygood, a 10-year-old boy on the autism spectrum, was arrested in April in Okeechobee County, Florida, for kicking a teacher last November. He was expelled shortly after the original incident took place. His mother, Luanne Haygood, filmed the arrest, which occurred when they returned to the school in the spring for standardized testing. The video went viral, sparking debate about appropriate interventions between law enforcement and young people with autism.

Haygood stated that she had not been aware there was a warrant issued for her son’s arrest, nor was she presented with any paperwork while the arrest was taking place. He has been charged with felony battery against a paraprofessional.

In the video, John can be heard telling officers: “I don’t want to be touched. Please don’t touch me.” Since people with autism are often hypersensitive to touch and other sensory stimulation, many are criticizing the school, claiming they responded inappropriately to the situation. John spent the night at a juvenile detention facility before appearing before a judge the next day.

The paraprofessional who pressed charges stated in an article about the incident on the CNN website that she did so “to get the ball rolling to get his mother to realize he needs additional help. I think it is now understood the additional help is needed.” She made this statement in a request to drop the charges against the boy. However, once charges were pressed, the legal process had already been set into motion, and charges could not be dropped.

State prosecutor Ashley Albright commented that prosecutors will be seeking to resolve this case “nonjudicially,” and focusing on providing additional assistance and counseling to John rather than pursuing criminal charges.

In the article on the CNN website, Haygood expressed frustration that young students with autism could be taken into custody in the first place, saying, “They’re being treated as criminals rather than children with special needs.”