Rob Thompson says his daughter, now 13-years-old, has lingering issues from the assault in gym class. Thompson says the judge saw right through the defense claims and made a fair decision.
The judge called the surveillance footage from the Matoaca Middle School gym some of the most compelling evidence, video that Rob Thompson and his wife saw for the first time.
"I'm just glad there was a camera in there because my daughter does not have a voice to be able to speak out and that camera allowed her to get a sense of justice," said Thompson.
The video shows Jan Costley yanking on the girl's arms and the child pulling away, at one point she even held her hand up in a ‘stop' motion.
Thompson's wife testified, saying their daughter returned home from school March 7 with bruising on her nose and arms. The defense claims the redness on her nose may have been from the child rubbing it herself during time out.
Costley told the judge even though she knew the sixth grader didn't like to be touched, she was just trying to do her job by helping the child with bowling and a bean bag toss. But the judge says the tape shows a teacher growing more frustrated with a student. The judge told Costley that she not only assaulted the girl, she humiliated her.
"We have trust in the aide assigned to her and on that day she had one student to worry about," said Thompson.
Thompson says Costley was fired by Chesterfield Schools last week and that she won't be able to work with children again after being flagged by Child Protective Services.
Costley was sentenced to 12 months, with 10 suspended. She must also complete an Anger Management course and 50 hours of community service.
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