Docs: Man struck non-verbal, autistic student on MSD of Martinsville school bus

MARTINSVILLE, Ind. -- Police have arrested a man accused of battering a non-verbal, autistic student on a school bus while working for the Metropolitan School District of Martinsville.




According to a probable cause affidavit filed in Morgan County Superior Court 3 on July 25, 71-year-old Timothy Miller is facing the following preliminary charges:

• Battery Against a Disabled Person (Level 6 Felony)





• Attempt to Commit Battery Against a Disabled Person (Level 6 Felony)





• Intimidation (Level 6 Felony)





• Disorderly Conduct (Class B Misdemeanor)

On May 2, officers with the Martinsville Police Department were called by the MSD of Martinsville's transportation director to file a battery report. The director told police that a driver for one of the district's special transportation buses had entered their office detailing an incident that had occurred earlier that same evening.

Investigation, arrest

The alleged incident involved Miller, who court documents identified as a special needs student aide, and a 16-year-old, who school officials confirmed was a non-verbal autistic student. Miller's position involves assisting special needs students as they are directed to the correct bus and overseeing the "general well-being of students" while they are brought to and from school.




The individual who was driving the bus told detectives that Miller had previously stated that he was afraid he would get angry and possibly hurt the student, court documents revealed. The driver said he didn't "make much" of that initial comment and didn't feel the need to report it, saying that he didn't think Miller was serious.




The driver went on to document how Miller allegedly struck the student on top of his head twice, court documents said. The student then reportedly placed their hands over their head in a defensive posture to avoid being hit. The driver then yelled, "Hey!" before the physical confrontation ended.




Court documents noted that the incident in question was reportedly captured on video. This videotape was pulled from the bus. As detectives and additional school staff reviewed the video, they discovered that Miller allegedly struck the student with a closed fist on top of their head while the student was seated and restrained on the bus. The video then appeared to show the student holding their head after the encounter.




As the investigation unfolded, detectives met with the victim's parents. Detectives learned that the student had reportedly "become more aggressive and started acting out more than usual," but were unsure of the exact cause.




On May 5, police met and spoke with MSD of Martinsville's transportation director, who showed them the entire video that allegedly documented the incident. Court documents indicate that the complete video appeared to corroborate witness accounts.




Audio was also captured of the incident, which appeared to highlight noises consistent with the landing of excessive punches, court documents revealed.




Court documents confirm that MSD of Martinsville has terminated Miller's employment and that he was served a no trespass warning. School staff also filed a report with the Indiana Department of Child Services, which indicated that they had opened an active case to investigate the incident.




MSD of Martinsville's director of special education confirmed to police that Miller was hired to work at the district's transportation department in 2023 as a "white bus" driver, which involved driving special needs students to job placements around Martinsville. He continued to serve in that role until January 2025, when he was selected to serve as a bus aide.




The director added that Miller previously received on-the-job training that lasted for one week shortly after his hiring, which taught him safety tips while working with the special needs students and descalation strategies in case students kicked, hit or grabbed.

Next steps

Online court records indicate that an arrest warrant for Miller was issued on July 27, before he was taken into custody the following day. Miller is scheduled to appear in Morgan Superior Court 3 on Dec. 3 for a jury trial.




FOX59/CBS4 has contacted MSD of Martinsville for a statement. As of this article's publication, we have not heard back.





via: https://fox59.com/news/docs-man-struck-non-verbal-autistic-student-on-msd-of-martinsville-school-bus/