A courtroom filled with family, friends, and supporters of Bernard Lykes erupted in applause and relief Wednesday afternoon, October 5, after General Sessions Judge Michael King ruled that he would not bind the charges against Lykes over to the grand jury.
Lykes was charged in mid-September with assault and coercion or persuasion of a witness following a lunchroom altercation with a student.
According to Carroll County Sheriff’s Office affidavits at the time, Lykes was accused of striking a student and later confronting them in the office while the teen awaited an administrator.
Deputies wrote that Lykes told the student to “drop it or he would be suspended,” prompting the witness-coercion charge.
Testimony
During Wednesday’s preliminary hearing, the student testified that Lykes had flicked him on the ear, however, he also said it was done as a playful gesture.
He testified that the two exchanged words, and that he then jokingly pretended to slap Lykes, placing his hand on Lykes’s cheek.
The student then testified that a brief physical interaction followed, which the State argued constituted assault.
District Attorney General Michael Thorne played surveillance footage from the cafeteria that captured the incident.
During cross-examination from defense attorney Anna Cash, the student testified that Lykes was known for cutting up and joking with students, and confirmed he had not seen Lykes act violently with students in the past.
Cash also noted that, after the incident, the student continued through the lunch line, sat through lunch, and did not report the interaction until well after lunch was over.
Regarding the coercion charge, the student acknowledged that Lykes told him, “You better drop it or I’ll get you suspended.” He later confirmed that Lykes also said shortly after, “If you’re going to tell what happened, tell the whole thing.”
Under further questioning, the student acknowledged that he understood the second statement to mean Lykes meant for him to be truthful and complete in his account.
Assistant Principal Leslie Booker testified that the student reported the incident to her after lunch.
She said that once she reviewed the cafeteria video, she determined the situation required administrative review beyond her authority and contacted her supervisor.
Booker then testified that, after she reviewed the footage with her supervisor, she went back into her office, and Lykes was in there with the student.
She testified that she did not hear their conversation. She asked the student to step out.
Closing Arguments and Judgement
In her closing arguments, Cash emphasized that the interaction escalated only after the student initiated the gesture of placing his hand on Lykes’s face, and that Lykes had been backed against a lunchroom table with limited space to move.
The defense further argued that no official proceeding was underway at the time of the office conversation, and therefore the legal standard for coercion was not met.
After reviewing the testimony and video, Judge King ruled that the evidence did not meet the threshold to advance either charge.
“What I observed does not rise to the level of assault,” King said.
He added that the evidence was also insufficient to establish coercion, citing the admission of Lykes’s emphasis on the student to tell the whole story.
King dismissed the charges at the General Sessions level.
The District Attorney’s Office may still choose to present the case directly to a grand jury.
After proceedings, defense attorney Cash said, “We are pleased with the outcome of the case, and now everybody can move forward and heal.”
Lykes embraced his supporters with hugs and thanks as they gathered around him. Many expressed relief that the month-long uncertainty had finally come to an end.
Carroll County Observer will keep track of the case, should the District Attorney’s Office choose to present it to the grand jury.
