Disabled student cleared in wheelchair mishap

By Julie Poppen, Rocky Mountain News (Contact)

Published August 4, 2008 at 6:35 p.m.
Updated August 4, 2008 at 6:35 p.m.

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Joshua Martinez, who faced criminal charges for running over a fellow student's toe with his electric wheelchair, will begin his senior year this week at Rangeview High School with a clean record.

An Aurora municipal court judge today found Martinez, 17, not guilty of misdemeanor assault, battery and reckless endangerment in connection with the March incident in a crowded school hallway.

Martinez said he didn't even know he hit the female student, who was wearing open-toed shoes, his lawyer said. Assistant City Attorney Dion Arguelles said half the girl's toenail was ripped off.

"I'm just glad it's over now," Martinez said after the ruling. "I thought it was fair and it was the right decision."

High school officials and a school resource officer previously told authorities that Martinez, who has a form of cerebral palsy, had a history of crashing into people in his wheelchair and zipping blindly around corners.

"We presented our case and she decided to go the other way," Arguelles said of the judge. "We felt that, even though he is disabled, he should have been held responsible for his actions - in operating his wheelchair. A student was injured."

After the incident, Martinez's father took away his son's electric wheelchair and forced him to use a hand-powered one. But Martinez said he'll go to classes this week in his motorized chair.

Martinez said his school is now giving him 10 minutes rather than the usual five to get from class to class so he doesn't have to rush.

Martinez's family has said the school is overcrowded and difficult for a disabled person to navigate.

Aurora Public Schools spokeswoman Paula Hans said the school is not overcrowded and recently added eight new classrooms. She declined comment on the court proceeding.

Martinez said he and his pro bono attorney are considering filing complaints against the school, the district or police department, claiming violations of his privacy and discrimination because of his disability.

"We proved beyond a reasonable doubt there was an accident," said Martinez's attorney, Carrie Ann Lucas, working on behalf of the Colorado Cross-Disability Coalition. "It's clear the school doesn't have enough understanding of his disability and misinterpreted Joshua's actions."

Lucas said Martinez wasn't reckless.

"Kids are going to bump into each other and step on each other's toes," she said. "It doesn't rise to the level of criminal activity by any stretch of the imagination."

For now, Martinez is glad his time in the limelight is over.

"Even at registration, I heard someone say, "Isn't that the kid that got in trouble for speeding in hallways?"

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