Bullies who beat third-grader unconscious won't face criminal charges, police say

Christian Boynton, 8, was attacked when he arrived at Lakewood Elementary School, according to Kailee Boynton, his sister. (Kailee Boynton via KHOU)
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TOMBALL, Texas (KHOU) — The disturbing story of an 8-year-old Tomball boy who was beaten unconscious at school Tuesday struck a chord with parents across the nation.

Christian Boynton, a third-grader, was ambushed when he arrived at Lakewood Elementary School, according to Kailee Boynton, his sister.

"They pinned my brother down. They were beating him. They beat him to the point of unconsciousness, where they continued to beat him," Kailee said. "They went through his backpack."

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Christian was rushed to Texas Children's Hospital after being found unconscious in the bathroom.

Neurologists treated him for a brain bleed and monitored him for several hours before he was allowed to return home. He is expected to be okay.

Many on social media questioned whether the bullies who attacked Christian should be charged with assault. Others want their parents held accountable.

Tomball police say they assisted with the investigation, but determined the students involved are too young to be criminally culpable. Under Texas law, children under 10 cannot be prosecuted for committing crimes.

However, the Department of Family and Protective Services can provide services for children as young as 7 who are at risk of getting into trouble. They can also work with the family of the children involved.

Tomball police say Child Protective Services is assisting in the investigation as well.

“Details of a school investigation by CPS are confidential, but, in a situation like this we would investigate to determine if the children were being supervised properly when the alleged incident happened. Once our investigation is complete, we turn the results over to the school district and the TEA,” said Tiffani Butler, a spokesperson for the Texas Department of Family and Protective Services.

Tomball ISD said they are thoroughly investigating the incident and will take appropriate disciplinary measures for all those involved.

When asked if disciplinary measures have already been carried out, a district spokesperson said, “We are not at liberty to discuss disciplinary actions or punishments. Unfortunately, due to FERPA and HIPAA laws, we are not allowed to discuss those specific details.”

Kailee said she's "deeply saddened" by Lakewood's response and accused the school of 'downplaying the incident' and 'taking it lightly.'

She said her sweet little brother tried his best to defend the bullies.

He told me 'maybe they’re just having a rough day,'" Kailee said. "He is so nice and kind that he can’t even fathom the fact that someone would want to hurt him or be cruel to him."