Advertisement Charge dismissed in fatal high school fight Teen used reasonable force to defend himself, county attorney says Share Shares Copy Link Copy

The Pottawattamie County attorney said criminal charges won't be pursued against a teen accused in a fatal high school fight last week.Video: Teen expresses regret for fatal fightThe Council Bluffs police chief and the Pottawattamie County attorney made the announcement at a news conference Wednesday.Watch the news conferenceVideo: Prosecutors say teen who died was the aggressorDakota Escritt, 17, died Saturday, days after he and Gregary Teer, 16, were involved in a fight at Abraham Lincoln High School, according to investigators.Escritt hit his head on the tile floor. Teer was charged with assault causing serious injury; however, Pottawattamie County Attorney Matt Wilber said that charge will be dismissed.Video: Teen involved in fatal fight won't face chargesWilber said the medical examiner has listed the manner of death as a homicide; however, that is not a legal determination, only that Escritt died "at the hands of another human."Wilber and Council Bluffs Police Chief Tim Carmody took reporters through surveillance video from the high school, which showed a verbal quarrel begin in the cafeteria between two other students, who were later joined by Teer and Escritt.The two then moved to another common area outside the cafeteria, where the physical altercation took place."There's no question in my mind that Dakota was the initial physical aggressor," Wilber said.Wilber said that under Iowa law, Teer was justified to use reasonable force to defend himself. Both swung at each other, but Teer's punch connected, sending Escritt to the ground and ultimately killing him.Video also showed Teer make several attempts to move away from Escritt.Additionally, police said they discovered profanity-laced Facebook messages between the two that stemmed from a gym class incident a week prior to the fight.After the news conference, Teer shared his regret for the fight."Very sorry for what has happened, what it's accumulated to, and I feel horrible for the situation and for both families, for my family, what I've put them through and Dakota's family also," Teer said. "I didn't mean for any of this to happen. I don't think anybody did."Wilber said Escritt's only injury discovered at autopsy was from the fall."Interestingly, he did not have any bruising or fractures to his face," Wilber said.Now investigators are focused on changing the culture in schools to prevent fights."We need to do what we can in law enforcement, whether that's my office or the police department, the school district, community outreach. We need to come together to figure out how we can create a culture in schools that discourages these types of confrontations," Wilber said.Carmody added, "This is very personal. It's very hard for us to walk through this and we all want to know why. And we all want to be able to solve it make sure it doesn't happen."Teer has some advice."Fighting is not the answer. Walk away," he said.Council Bluffs Community Schools has not yet decided on what discipline Teer may face for the fight. For now he is suspended, but he could be reassigned or expelled.Escritt's father said that without his son, there's a big hole in his heart. Now he's just trying to figure out how to live without him -- but he said moving on is what his son would've wanted.Video: Father of teen killed in fight remembers son"He was more than a miracle to me because he was my lifesaver, he was the driving force in me, the motivation," Josh Escritt said. "My heart is ripped out. I've been through a lot in life and I never thought, I thought I'd been through the worst feeling and the worst pain inside. And no. Nothing compares to losing your own kid."Josh Escritt said he always thought there would be more time to make more memories."I have so many 'I wish I could haves' and 'I wish I could haves' don't bring my son back," Josh Escritt said.He said he missed out on some of his son's childhood, but the time he did get is priceless.Still, Josh Escritt said he's thankful that Dakota lives on in the memorials made by classmates and in his heart."Because of him, he gave me hope. He gave me a chance to live for something. I have a reason to live, he gave that to me."Josh Escritt said he's overwhelmed by the support from Dakota's friends and that his son will always be his hero.