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NYC teacher claims first grader beat him up

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    Legal panel weighs in on the case

  • Duration 5:02
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Tell escorted back in session on the docket today the halting public school gym teacher verses the first grader he claims beat him up so badly he needs to see a shrink.

Over the stress of at all.

John Webster tips the scales at 220 pounds Rodrigo Carpio just fifty pounds.

And Webster says that while the six year old may look like an Angel.

His halo turned in -- horns when he chided the boy over horse play with other students.

That's when Webster says the little boy went on a violent Rampage that left the teacher with a fractured ankle and injuries to his knee.

So Webster's says he's now planning to sue the city.

He was very huge very strong he's kicking me like the -- using that to heel of his time.

Quote his feet to -- -- in my legs so and you know he also beaten several times because like -- said it wasn't trying to hold -- -- -- to -- didn't make bruises so easy to get my hands who's now.

On and he also was like mocking what I was saying I was speaking to the school -- Turning now least we'll -- legal analyst mark -- -- she's a former prosecutor now defense attorney.

So least.

Your fake clients this 220 pounds yeah he's going to going to court and tell everyone that he deserves a bunch of money because that's six year old fifty pounder took them down.

Looks can be deceiving Megan as you know and then -- we both have children and they can.

You know they can be angels -- that could be doubles and by the way it's not just this guy not just my client but both the principal and the student safety aid we're both kicked and bit by the same little boy.

Out and for the teacher I really do for my fake client because look he didn't want to hurt the kid he couldn't have obviously beat him up throwing them away whatever and then he would of lost his teaching certificate BK would have bruises that would other lawsuits on that was a -- the teacher here.

My fake client was really trying to do the right thing and defend himself and he really couldn't against the six.

He did he described the injuries and how -- happened as follows mark was in here this the first -- -- -- acting principal let's take the child.

And you know took -- he spun around.

Felt to me very directly marry me now trying to move back away but -- wasn't by stairs this stuff so I heard the pop.

-- too -- at that point and the -- -- that time had.

The child in her custody and I want to the nurse's office.

Sounds -- possible actually from.

Yeah right.

Listen he's five foot 10220.

Pounds and -- forgot to mention -- with -- tailback.

When he played in college so what is huge -- to people -- him.

Let me finish please.

I have a six year old and yes he could be tough.

But let me just tell you something three people got attacked by this kid on I think he's an Angel but none of them took the extraordinary records.

To initiate suit causing him to sit at home for months because he's emotionally distraught and I don't get that from that -- -- now that's.

The thing OK so physical injury because the -- -- it took about an eight.

Then he should so he should be compensated for that right he -- have to bear the brunt of those.

Medical bills but really obese the stress is -- -- -- -- because in extreme emotional stress he's been put through by the six year old boys attack.

-- make my case for me because he is -- former football player because -- as you know this macho guy it's really got -- -- distressing did not disable the White House.

I hope it keeps.

Co I've been playing much as well as well let OK yeah does work for it let's just a sound -- number -- It's very humiliating it's you know very -- but -- same time on the you know it's true.

But you know I don't have humility to.

You know sit there and determined you know what goes on from this one out but -- -- -- I wasn't able to -- must defend myself.

I did I would probably lost both my teaching certifications -- Probably in -- You know things can happen so you know thinking -- my future I decided to back days.

In that manner in which ended and trying to refrain from her in the student.

It's a very credible witness mark.

Now -- see here's where we part company at the risk of sounding like Biden that's Malarkey.

He stays home according to -- because he's so humiliated.

That he couldn't defend himself against a fifty pound kid.

That's where we part company maybe I don't get it did get in a good shot -- with me let's just -- for just one moment but staying home for several months because -- so emotionally distraught.

I don't see it at a ticket that indeed this is their money.

Has not yet told him he needed to stay home for another month it was a schools and you've got to come back you're gonna lose your job so he's -- I've -- -- in limbo but -- was -- -- -- and it took some between I don't know what to do my doctors tell me one thing.

And the school is telling -- so it's not just an emotional this RS it's also the physical emotional distress but no it's well I'm not buying it.

-- -- and -- the emotional distress there is a bit of a stretch all right speaking of stretch throughout least mark thank you got to see.