Mills avoids trial, gets diversion program in assault

Former MES principal Chuck Mills stands with counsel during his court appearance on Tuesday in Rochester District Court, (Harrison Thorp photo)

ROCHESTER - A grim-faced Chuck Mills faced his day in court on Tuesday, but instead of fighting his assault charge against a student as defense filings had earlier suggested, the former principal at Milton Elementary School agreed to a diversionary program in lieu of going to trial.

Mills, 53, of Henniker, who was charged with “dope slapping” an elementary school student last May while still contending for the permanent principal position at MES, will have to perform 50 hours of community service, write an apology letter to the victim and victim’s family within 30 days and have no other brushes with the law, according to the diversionary program’s directives.

“So Mr. Mills, you know what you’re supposed to do and what you’re not supposed to do, correct?” Judge Daniel Cappiello asked after the terms of the agreement were noted to the court.

A contrite and sincere Mills silently nodded his assent.

The charges will remain pending for a year, then be dropped if Mills complies with all conditions.

During the court proceeding, Assistant County Attorney Kathryn Smykowski read a letter written by the student’s parents that chided him for his irresponsible and dangerous behavior, but said their child “wants to move forward” and didn’t want to testify at any trial. The letter also said the child “suffered an emotional problem” as a result of the assault.

Smykowski said after the trial that the prosecution went along with the diversionary program because Mills had heretofore been “an upstanding member of the community.”

After the court hearing concluded, an emotional Mills stood outside the courtroom briefly but refused to speak to reporters.

Court filings earlier this fall had indicated the defense expected to use a state statute that allows physical force to be used in certain instances.

Mills allegedly “dope slapped” the boy in the cafeteria after the student failed to quiet down after a signal given by Mills. It was alleged the student’s head hit the wall after Mills slapped it.

Mills was charged with simple assault, a Class B misdemeanor.

According to the affidavit, he admitted to “dope slapping” the child, but didn’t mean to hurt him.

The defense had advised the court it would use state statute RSA 627:6 II (a), which states “A teacher or person otherwise entrusted with the care or supervision of a minor for special purposes is justified on the premises in using necessary force against any such minor, when the minor creates a disturbance, or refuses to leave the premises or when it is necessary for the maintenance of discipline.”

However, in the end, the defense settled on the diversionary program.

A dope slap is defined in urbandictionary.com as “a light 'whappp' to the back of the head, done with an open palm in an upward motion.”

Mills abruptly resigned after the incident while still in the midst of pursuing the permanent principal position at the school.

The Class B misdemeanor could’ve resulted in fines and possible probation, but no jail time.

Mills was represented by the law firm of Stephen A. Cherry and Associates of Henniker.