A judge has dismissed the case against a special education aide at Bonita Vista Middle School, charged with felony for allegedly breaking a student's arm in March 2016, according to the District Attorney.
Michael Cobb, 44, a special education aide with the Sweetwater Union High School district since 2012, appeared in court for his preliminary hearing on Tuesday, when the court dismissed the case.
Cobb was charged last month with one felony count of inflicting corporal injury on a child, for an injury that resulted in a broken elbow. He was also accused of misdemeanor cruelty to a child for a separate incident in February 2016. At his January arraignment, he pleaded not guilty.
Defense attorney Jon Pettis said the case was dismissed because there was not enough sufficient evidence to proceed.
Pettis called the felony charge a misunderstanding and said the student - well known to throw himself around when he was angry - made up that Cobb hit him, when he in fact threw himself.
“Mr. Cobb is looking forward to getting back to doing what he loves doing, and that’s helping kids,” Pettis said.
The father of the student involved called the dismissal bogus, and said he thinks the teacher should lose his license.
The father said he did not learn of the dismissal until he got a letter from the DA.
A district spokesman said Cobb is not a teacher, but rather a classified employee. The spokesman said he could not comment further on the legal and personnel matter.