MACON COUNTY, Tenn. (WTVF) — A man has been arrested following a Grand Jury indictment in a case involving an 11-year-old special needs student, according to District Attorney Jason Lawson.
Lawson confirmed Derek McCaleb, a teacher at Lafayette Elementary School, has been charged with one count of misdemeanor assault. The charge stems from an incident involving a child who is autistic and non-verbal.
The child’s mother alleged McCaleb handled the student in an aggressive and rough manner. Authorities said the child was not injured, but the district attorney described the alleged actions as offensive conduct.
The investigation remains ongoing. Lawson said anyone with additional allegations or potential evidence is urged to contact the police department. A district attorney investigator may also become involved.
McCaleb is free on a $3,500 bond.
When asked for a response, NewsChannel 5 received a statement from attorney Daniel Turklay on behalf of McCaleb:
“Mr. McCaleb has dedicated 17 years to teaching in the Macon County school system. He is deeply devastated by the allegation against him and denies it in the strongest possible terms.
The District Attorney’s office has taken the unusual step of pursuing a direct indictment on this Class B misdemeanor allegation, intentionally bypassing the preliminary hearing where the strength of its case would have been tested through cross-examination under even the minimal probable cause standard.
Instead, the case will proceed directly to Criminal Court, where the State will be held to the much higher standard of proof beyond a reasonable doubt.
Mr. McCaleb will vigorously defend himself against this allegation and will exercise all of his constitutional rights, including the presumption of innocence. Mr. McCaleb looks forward to his day in court.”
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