BAMBERG, S.C. (WJBF)- Last month, 17-year-old Tavon Walters was charged with misdemeanor assault. The alleged victim is a kindergartner.

“They’re still struggling with the fact that Jazmyn is terrified of being on the bus,” said Charlie Williams, the attorney for the child’s family.

Surveillance video from a school bus allegedly shows him bringing another student’s hand to her face several times.

This photo, taken around an hour of the alleged incident, has sparked outrage.

“The picture showed the seriousness of it,” said Bamberg Police Chief George Morris.

But Walter’s attorney says that’s not the whole story. He has said that the child told teachers a boy hit her on the bus and that another child hit her at daycare after she got off the bus.

“We never intended to use the picture in court anyways,” Morris said. “The only picture we were going to use was the videotape where he slapped her, and that’s what he was charged with. He wasn’t charged with the severity of the slap, he was charged with the slap itself.”

Walters is facing a $1,000 fine or up to 30 days in jail, but his attorney is seeking a third option: Pre-Trial Intervention.

“Pre-Trial Intervention is a diversion program for first-time offenders,” Williams said. “It’s a way that they can avoid the court process by going through some type of diversionary program, whether it be community service, some type counseling…whether it be drug counseling or anger management.”

If accepted, Walter would pay for the course.

“I understand it’s not cheap,” Morris said.

If Walters is accepted and completes the program, the charge will be cleared from his record. If not, he’ll go back before the judge.

“If the person really made a mistake and really wants to straighten up, it’s effective,” he said.

The child’s family’s attorney says they want to see Walters get the help he needs. But they’ve not ruled out a suit against the school district for having a high-schooler with a juvenile record on the same bus as their five-year-old.