Mother in viral video angry that neighbor only charged with misdemeanor

The man accused of assaulting a little boy for littering was charged with a misdemeanor on Thursday, and the child’s family is not happy.

An attorney for the family said the boy had to be taken to an emergency room and given pain medication.

“This child was in pain, and the Fort Worth Police Department was well aware of it,” said Jasmine Crockett, who along with Lee Merritt is representing the child’s mother, Jacqueline Craig, and other family members. “Yet they decided to insult us and slap us in the face [by ticketing the neighbor].”

Crockett argued that the neighbor, Itamar Vardi, should have been charged with injury to a child.

Craig had called police on the afternoon of Dec. 21 to report the alleged assault, and the situation quickly escalated to an ugly confrontation between officer William Martin and Craig and two of her daughters, who were arrested during the profanity-laced ruckus that was caught on video.

Authorities also said Thursday that charges pending against Craig and her older daughter — and those involving the officer — will be pulled and not presented to a Tarrant County grand jury.

“It is our opinion based on the facts that no felonies took place related to this incident,” said District Attorney Sharen Wilson, in a statement.

The case involving Martin, who is accused of using excessive force, will continue to be handled administratively, said Police Chief Joel Fitzgerald.

Martin, who is back at work after a 10-day suspension, has appealed the disciplinary action taken against him.

Fitzgerald said Martin will not be returning to the Rock Garden neighborhood in southwest Fort Worth where the incident occurred on Dec. 21.

Vardi, the neighbor was charged with assault by contact “as a result of his actions in the initial incident,” the release said. The charge is a Class C misdemeanor, which is punishable by up to a $500 fine. The case will be handled in municipal court.

Vardi could not be reached for comment.

Mayor Betsy Price said the handling the case in municipal court is the “most appropriate avenue” and that she’s committed to restoring and healing any breach of trust between police and the community.

“We continue to support the work of our excellent Fort Worth officers, who are tasked with so much in their roles to serve and protect our citizens,” Price said. “We know that healing takes time and compassionate efforts. But, as we learn from this incident, I trust that our community will grow to be even stronger.”

‘Not a celebratory time’

Fort Worth issued the news release Thursday morning, explaining that the charges — which included interference with public duties, resisting arrest and disorderly conduct — against Craig, 46, and daughter Brea Hymond, 19, would not be pursued.

The other daughter, Jaques Craig, 15, had been detained as a juvenile and was previously cleared.

Merritt said that Fitzgerald called Craig on Wednesday to tell her that charges were not going to be pursued against her and her daughter.

“He probably didn’t receive the reception that he had hoped for,” Merritt said. “For over a month, her and her family had been under a crowd of criminality … this is not a celebratory time for us.”

Crockett said Craig became more upset as she talked with the chief.

“At one point, her voice started cracking because she was angry,” Crockett said. “ ‘Why now? ... What changed your mind?’ ”

Fitzgerald explained that he felt it was the right thing to do, Crockett said.

“It seemed as if he wanted some kind of graciousness and appreciation for what he did,” Crockett said. “But her point was, ‘All the information that you needed, you had on day one. Yet I still had to sit in jail.’ ”

The city’s news release came on the same day that Martin’s bodycam video became public after being leaked to Merritt, who provided the video to The Associated Press.

City officials said that the video and other information had been illegally released and called for a investigation by police.

‘This case cries for justice’

Merritt and a handful of others pleaded with the City Council late Tuesday night to step in and fire the officer. They also asked that the case pending against the women be dropped. Their request came at the end of the meeting, during the public comment portion of the agenda.

Craig, her daughters and host of other supporters were at the meeting but did not speak. Merritt, who was allowed to speak despite not following proper procedure to do so, said Craig’s supporters have “made common sense demands to clear the injustice.” He suggested that a lawsuit may be filed against the city in the case.

Merritt attempted to use the forum to criticize Fitzgerald and “insulting” statements he made following the incident, but was cautioned at least three times by Price to address the council and not the chief.

“That police department works for you,” Merritt said. “Your department failed to do its basic job.”

Dominique Alexander, an activist and founder of the Next Generation Action Network, a Grand Prairie-based social justice organization, said the officer “devalued” the lives of Craig and her daughters. And not addressing the issue was fueling anger in the African-American community.

“I don’t think these women could ever pose a threat to the officer,” Alexander said. “The council needs to get rid of this officer. We’re not going to sugarcoat anything. Jacqueline Craig was slammed [to the ground]. Her daughter was slammed [to the ground]. It’s not just an isolated incident.”

The Rev. Sharon Mason Ford-Turner of Fort Worth also spoke, saying the African-American community is treated unjustly.

“We feel like we are not considered as citizens,” she told the council. “When we call for help and we don’t receive it, we’re disrespected and then arrested. The time has come for us to stand again.”

Arlington resident Virginia Thornton called the officer’s actions “unequivocally abusive and incompetent. He should have been released from the department. This case cries for justice. You have the power to do good. A remedy is not out of reach.”

‘What are you yelling at me?’

In videos, Craig can be heard telling the neighbor that he should have alerted her if he believed her son had littered and that he didn’t have the right to put his hands on her son.

After arriving at the scene and talking to Craig — which was being videoed by Hymond — Martin asked Craig, “Why don’t you teach your son not to litter?”

Craig replied that it doesn’t matter if her son littered or not, that it doesn’t give “him the right to put his hands on him.”

Martin replied: “Why not?”

Craig got more upset after the comment and began yelling at Martin.

The bodycam video shows Martin asking Craig, “Why are you yelling at me?”

She replies, “Because you pissed me off.”

Last week, Fitzgerald told the Star-Telegram that Martin was being “sarcastic” and has a dry sense of humor, which was not appropriate for this situation.

This report includes material from the Star-Telegram archives.

This story was originally published January 26, 2017 at 6:25 PM with the headline "Mother in viral video angry that neighbor only charged with misdemeanor."