The felony child abuse case against Villages Fire Chief Mike Tucker has been dropped by the prosecutor’s office.
Ultimately, the victim in the case asked that Tucker not be prosecuted and that he be allowed to return home.
The next step for the family will be counseling and input from The Department of Children in Families.
“Justice has been served,” said Tucker’s attorney Ben Boylston.
“We are grateful to the state’s attorney’s office for the investigation they have done into this matter,” he added.
Tucker was arrested Jan. 16 at the Sumter County Sheriff’s Office after giving an interview which was video/audiotaped after he was read his Miranda Warning. He was taken to the Sumter County Detention Center and released on $5,000 bond after pleading not guilty in Sumter County Court.
He had been accused of abusing a child on Jan. 15 at his Oxford home.
According to a document issued Friday by the office of Brad King, state attorney for the Fifth Judicial Circuit, the incident that night in the Tucker home began as a disciplinary issue.
“The alleged victim was adopted by the defendant and his wife and has a history of behavior issues in the home,” the document said.
King’s office determined that in a child abuse case involving a parent, it is not child abuse if the parent is acting in his or her disciplinary capacity when using reasonable corporal punishment on a child.
“The courts have held that for corporal punishment to be excessive and therefore be criminal child abuse it must involve more than significant bruising or welts. In this case there was significant bruising to the child. But in reviewing the totality of the circumstances, the punishment inflicted does not warrant a criminal child abuse charge,” the document said.
The prosecutor’s office found that the child in question had failed to do school work, had been suspended and lied to his parents about it. The child had not been responsive to the parent about the events leading to his suspension or his home discipline.
According to the testimony at State Attorney intake, the child was slapped and held down for about 10-15 seconds on the night in question. The situation stopped and then began again outside where the child was then pushed again.
“The State has considered all of the factors such as the age, size, sex, and physical condition of both child and parent, the nature of the child’s misconduct, the kind of marks or wounds inflicted on the child’s body, the nature of the instrument used for punishment and the victims wishes,” the document from King’s office said.
Boylston also indicated that he would be contacting District Manager Janet Tutt to ensure that his client is fully reinstated in his job.
Tucker had been put on paid administrative leave following his arrest.