Case dismissed against Brownsville ISD child accused of threatening principal

SAN BENITO, Texas (ValleyCentral) — A Brownsville student was back in court Wednesday after he allegedly made threatening comments to his school's principal.

11-year-old Timothy Murray was detained in September. He spent days in solitary confinement at a detention center in San Benito.

Murray was in court with his mother and their attorney Wednesday. At the end of the day, the judge dismissed his case due to a lack of intent and probable cause, at least for now.

“As a mom, it was heartbreaking not having my son,” Timothy’s mother Nadia Rincon said.

Rincon said this situation has been overwhelming. A status hearing was held at the Darrell B. Hester Juvenile Center where protesters were found outside, saying what happened to Timothy was unfair.

“Imagine being a child and wanting help and saying I am stressed out, I’m frustrated, I mean who wouldn’t be and then this is their reaction? ” protester Gloria Thomas said.

"Finding out that an 11-year-old was put in solitary confinement was just one of the most disgusting terrible things,” protester Yasmine Gonzalez said.

During the hearing, Judge Adela Kowalski-Garza said the case had insufficient evidence of criminal intent.

“Every time that we have an appointment weeks early, he’s always asking you think they’re going to arrest me? Or do you think we can do something? So he’s worried, sometimes he’s crying,” Rincon said.

“I had no idea what was going to happen in here today. They could have come in and arrested him on a charge, he could have ended up in handcuffs,” attorney Sara Stapleton Barrera said.

Stapleton Barrera says the arrest has taken a toll on Timothy’s mental health.

However, the judge’s ruling will help him move forward.

“My advice to the family is to go out, live your life, but you still have a little rain cloud over your head thinking well geez what if the DA’s office does retaliate then here we are again,” Stapleton Barrera said.

“I've found him crying a couple times in the bed, putting some candles to his dad to see if he can help. It’s also hard because he’s just eleven,” Rincon said.

Due to the two year statute of limitations, the DA’s office could petition and that could open the case back up.

In the meantime, the judge is encouraging Timothy to put this situation behind him.

Rincon added that Timothy has been seeing a therapist.