Bradenton school employee pushed 7-year-old to the ground while he was tied, police say
A Manatee County school employee accused of tying up a 7-year-old non-verbal student also pushed him to the ground while he was restrained, police say.
According to the Bradenton Police Department, teacher’s aide Hydalmy Ortiz, 41 was arrested on Feb. 22 after investigators reviewed surveillance footage that showed her watching the student while he was tied up, holding the rope and pushing him, “causing him to fall on the ground,” according to a police report.
The child’s family is considering legal action against the school district, which could result in a payout of up to $200,000, an attorney said.
When Ortiz first spoke with police on Feb. 5, they say she told them she never witnessed the child being tied or restrained.
But police say footage from Jan. 29 shows otherwise.
In the surveillance footage from that day, police say they saw Ortiz take the 7-year-old from fellow teacher’s aide Taylor Internicola while the child was tied up with a webbed nylon rope.
Ortiz then proceeded to untie the student and sat on a chair, according to a police report.
School employee pushed student, police say
In the footage, police say Internicola tied the student up again and handed the rope off to Ortiz, who proceeded to sit on the rope in her chair and began using her phone.
The student attempted to get out of the restraint as he was sitting on a chair but Ortiz pushed him, causing him to fall to the ground, according to the report.
Police say the footage then showed the child sitting on the ground attempting to take the restraint off with no success.
The student was restrained from the right hand for around 15 to 20 minutes, police say.
3 charged in Bradenton school abuse case
Ortiz’s arrest is the third to come in connection to a series of incidents that saw school employees allegedly restrain an autistic student during recess at G.D. Rogers Garden-Bullock Elementary School, 515 13th Ave. W., Bradenton using a nylon rope.
After reviewing Feb. 2 surveillance footage, police arrested Exceptional Student Education (ESE) teacher Carina Chindamo, 31, and Internicola, 39.
All three women face charges of false imprisonment after video footage showed Chindamo and Internicola wrapping the nylon rope around the leg of the chair before taking turns sitting on the chair where the child is restrained to keep him from getting free, the police department said.
In the Feb. 2 footage, Chindamo talks on her cell phone while sitting on the chair that is being used to restrain the child, police say.
But school administrators told police that there is also video footage of “three previous similar incidents” on Jan. 16, Jan. 24 and Jan. 29, according to a probable cause affidavit. Police say this additional footage led to Ortiz’s arrest.
Ortiz was released the day after her arrest, according to court records, which show she posted a $10,000 bond.
Court records show Internicola and Chindamo were also released after posting the same amount of bond. Chindamo appeared in court on March 4, where she submitted a written plea of not guilty, according to court records.
All three women are set to be arraigned on April 12 at 9 a.m., court records show.
Lasting impact from school abuse, attorney says
When police say they contacted the student’s mother, Takeila Jones, she said she was not aware her child was being tied up and never gave Ortiz or the others consent to tie her child to a chair, stating that her 7-year-old child “is autistic, still wears diapers and is nonverbal.”
Melton Little, an attorney representing the family, said that the boy has had difficulties at home since the incident, becoming physically ill after being restrained and having trouble sleeping. He hasn’t been able to sleep in his own bed since it happened and instead sleeps outside his mother’s room, according to the attorney.
But the child’s problems haven’t been limited to nighttime, Little says. The family says the boy also struggles in the morning when it comes to getting into the car to go to school and has shown signs of post-traumatic stress since being restrained.
Jones has arranged for her son to go to a different school, her attorney said.
Family considers legal action
Little previously told the Bradenton Herald that they could seek up to $200,000 in monetary damages from the School District of Manatee County.
Little informed the Bradenton Herald Thursday that he has sent a letter to the school board informing them of their intention to seek monetary damages up to that amount, but he said he has not yet heard back.
Under Florida law, Little said the school district will have 180 days to evaluate the claim and decide whether to pay. After the 180 days are up, depending on the school’s decision, Little said the family will decide whether to file a lawsuit
Little said his biggest fear with this case is that the school district will stall and hope it goes away.
“We may all be sitting and waiting for a six-month period, hoping no one forgets about this. I just hope it doesn’t die in the throes of time like so many things that are wrong do,” Little said.
School administrators told police that they have restraining protocols in place, “but staff is not allowed to use any mechanical means to restrain a student,” according to a police report.
Anyone with information on the case can contact the Bradenton Police Department at (941) 932-9300 or email Detective Dalia Santana at dalia.santana@bradentonpd.com.
This story was originally published March 7, 2024 at 5:50 AM.
