BALTIMORE (WJZ) — Prosecutors have dropped a felony charge against a Baltimore school officer after video shows him slapping and kicking a student last Month.

Alex DeMetrick has the latest.

Anthony Spence, the Baltimore school officer who was caught on video slapping a REACH! Partnership School student last month, entered a not guilty plea to the misdemeanor assault charge against him during a preliminary hearing Thursday morning.

The more serious charge he faced, second degree felony child abuse, was dropped. He also faces a misdemeanor misconduct in office charge.

Officer Saverna Bias was also with Spence at the time of the incident, she’s facing assault and misconduct in office charges.

WJZ was first to obtain the video and and bring it to the attention of city school leaders. The officers on the recording, Spence and Saverna Bias, were then placed on administrative leave.

Bias also entered a not guilty plea to misdemeanor charges Thursday. She did not touch the student in the video. However, according to charging documents, she can be heard encouraging Spence to hit the boy.

In a statement released to WJZ, school officials say, “our policies are under review and we are looking at training, personnel, recruitment, etc.”

Spence’s attorney laid out a possible defense on Thursday claiming the assault was the natural reaction to the student first spitting on Spence.

When you spit on someone you are assuming the risk you’re going to get your little tail whipped,” said Warren Brown, Spence’s lawyer.

Rochelle Ritchie, a spokeswoman for the City State’s Attorney’s Office issued a statement on the decision to drop the child abuse charge.

“The charges in these cases, like in all cases reflect our subsequent investigation and our obligation to apply the facts to the law,” says Ritchie. “After obtaining all the facts and analyzing them based on Maryland case law, Pope v. State, as well as the applicable criminal statute, we have determined the defendants in these cases did not have temporary care or custody of the victim, therefore the child abuse charges are not appropriate.”

An arraignment date for Spence has been set for May 6.

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