Special prosecutor to drop charge against Botetourt teacher, Victor Terry

6:30 p.m.

Special prosecutor, Roanoke city commonwealth's attorney Donald Caldwell, said Victor Terry's form of discipline on a teen who accused him of assault and battery last November was protected by the law.

"Teenagers will be teenagers," Caldwell said.  "You have to have discipline in the classroom and I considered [what Terry did] to be insignificant touching under the [law]."

Caldwell said the evidence showed Terry touched the teen before the teen entered his classroom in order to discipline him for a noise the teen had been making in the hallway and classroom.

Caldwell, and Terry's attorney Bill Cleaveland, signed a dismissal order Tuesday afternoon.

Cleaveland said he faxed the order to the judge in the case afterward.

Botetourt County schools superintendent, Tony Brads, said Terry will be back in the classroom as soon as the judge signs the order.

The Botetourt County school system sent the following statement below:

"The Botetourt County Public Schools via the Office of the Division Superintendent has announced that as a result of the findings of the Special Prosecutor, Donald S. Caldwell, in the Commonwealth of Virginia v. Victor Terry, Mr. Terry will be removed from the holding status of “administrative leave with pay” and be permitted to return to his assignment as a classroom teacher at Lord Botetourt High School. His change in status will be based upon confirmation of the case being dismissed by the Circuit Court of Botetourt County. The anticipated confirmation of the dismissal of the case will be in the form of written orders from the Honorable Michael S. Irvine, Judge of the Circuit Court of Botetourt County."

"The School Division is very pleased with this development and has remained supportive of Mr. Terry during this difficult process. An unfortunate series of events led to this situation involving Mr. Terry. The School Board and Administration neither supports nor condones aggressive or offensive physical contact toward any student. However, we want to be clear about our steadfast support for our teachers, administrators, and staff when it comes to the appropriate use of physical contact while acting in the course and scope of their official capacity. As referenced in the press release from the Special Prosecutor in this case, teachers and school employees are supported by statutory law in Virginia Code 18.2-57. G(i)."

Original post:

10 On Your Side has confirmed Roanoke city commonwealth's attorney Don Caldwell, the special prosecutor handling the misdemeanor assault and battery case against Lord Botetourt high school teacher Victor Terry, plans to drop the charge against the school teacher.

10 On Your Side's Scott Leamon is following this story and will have much more later.