Archive for Wednesday, August 29, 2001

McClintock continues therapy; Goff sentenced for BHS incident

August 29, 2001

Former Baldwin High School student Kenneth Goff was placed on probation last Wednesday after pleading no contest to hitting classmate Anthony McClintock in the head with a broomstick causing serious head injuries.

McClintocks' family attorney, Clark Davis, said Douglas County Judge Pro Tem Peggy Kittel wanted to send Goff, 18, to the Douglas County Jail for 28 days as part of his sentence, but the law wouldn't allow her to do that.

"She wanted to send him to jail because of the severity of what he did," Davis said, "and the impact it had on Anthony's life."

Goff was 17, a juvenile, when he was arrested after the May 24 incident at BHS in which he hit McClintock, 17, during what was described at the time by a Baldwin police officer as "rough housing that got out of hand" in a transportation technology class.

"There's no question what happened anymore," Davis said. "The other boy started it and the other boy finished it."

Goff agreed in court, Davis said, that he sprayed McClintock with a bottle of windshield cleaner after the teacher left the classroom. After asking Goff to stop, McClintock knocked the bottle of wash out of Goff's hands with a broom handle.

Davis said after a struggle for the broom, Goff, along with the broom, fell to the floor. Goff picked up the broom and struck McClintock in head with it, he said.

After his arrest in May, Goff was charged as a juvenile with aggravated battery and had been under house arrest until last week.

He was scheduled to go to trial last Wednesday, but worked out a plea bargain and pleaded no contest to a reduced level of aggravated battery.

Even though the reduced charge doesn't carry the option of sentencing Goff to a state juvenile facility, he could face up to 18 months in custody if he doesn't abide by the requirements and restrictions of his probation.

Among other requirements, Goff must:

Complete 100 hours of community service;

Complete family and social counseling programs through the Douglas County Community Youth Services;

Complete a high school equivalency program.

A restitution amount will also be determined to help with McClintock's medical expenses.

After three months, Davis said McClintock is still recovering from the injuries he received, including undergoing physical, occupational and speech therapy three times a week.

McClintock still has partial paralysis in his right arm and leg, which hinders his ability to write and walk, Davis said.

"Anthony is not progressing at the rate he was progressing 90 days ago," he said. "Our fear is that he's at a plateau."

Davis said McClintock has enrolled in high school courses at Johnson County Community College instead of returning to BHS.

"He decided not to go back to Baldwin his senior year," he said. "He doesn't want to relive what happened."

Davis said the McClintock family was frustrated that Goff's sentence wasn't more, but was encouraged by Kittel's words.

"They understand," he said. "They just wish there was something more that could have been done."

Davis said the family is still contemplating filing civil lawsuits against Goff and the Baldwin school district. The McClintocks were contacted for this story but referred all questions to Davis.

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