Juvenile Intake recommends closing case against Vel Phillips student who was pinned, handcuffed
OSHKOSH – Winnebago County Juvenile Intake is recommending closing the case against a Vel Phillips Middle School student who was referred on charges from a Jan. 10 incident in which he was handcuffed and pinned to the ground for more than two minutes by a school resource officer.
In a letter to the boy's mother dated Feb. 20, the Juvenile Intake office wrote school administration determined staff contributed to the escalation of the incident, saying the student's actions 'should not rise to the level of receiving criminal charges.'
The Oshkosh Police Department referred charges of resisting/obstructing and threats to a law enforcement officer stemming from the incident, but Juvenile Intake said the situation has been managed at the school level.
According to the letter, this was the 13-year-old student's first referral and he 'has not exhibited concerning behaviors within the school setting since.'
Juvenile Intake advised the boy's mother that the prosecutor's office can still overrule its decision and file a petition within 20 days of receiving the recommendation.
Vel Phillips Dean of Students Christopher Willems was put on administrative leave pending an investigation into the incident over what sources believe are concerns about his deployment of the SRO.
In body camera footage obtained by the Northwestern from the OPD, Willems is seen pushing the student, who is Black, against a wall before SRO Dellas Vandenberg pushes the boy toward the ground by his neck, applies handcuffs and uses one knee to pin him to the ground for more than two minutes.
Dig deeper: Vel Phillips incident revives racial discipline disparities raised in 2023 REAL Oshkosh report
According to the student, and Vandenberg's incident report, the situation stemmed from the student refusing to hand over his cell phone to a teacher and subsequently failing to go to student services.
OASD Board Policy 5136 states students can be required to turn in their cell phone at the discretion of administration at any time.
While violations of the policy could result in disciplinary action, the policy only references law enforcement if 'the violation involves an illegal activity' or the device is used to transmit things of a threatening, obscene, disruptive, sexually explicit or harassing nature.
Vandenberg's report said Willems asked for his assistance in the matter.
During an earlier part of the body camera footage, Willems, with the SRO present, is captured grabbing the boy from behind under both arms and pushing him through a door before releasing the student.
In Vandenberg's report, the SRO contends the student threatened the SRO by saying 'you touch me I will beat your a--.' Vandenberg said he advised the student he couldn't make those threats to a police officer.
There is no audio for the first 62 seconds of the second of two body camera videos and Vandenberg's account of the verbal threat is not captured in the footage.
Contact Justin Marville at jmarville@gannett.com and follow him on X (formerly Twitter) at @justinmarville.
This article originally appeared on Oshkosh Northwestern: Oshkosh Vel Phillips student pinned, handcuffed: Will he be charged?
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