Oakland police probe alleged bullying incident

###Live Caption: First-grader Zachary Cataldo rests at his home in Oakland, Calif., on Wednesday, April 23, 2008 after spending a night at Children's Hospital following an attack by a bully at Piedmont Elementary School. Photo by Paul Chinn / San Francisco Chronicle ###Caption History: First-grader Zachary Caltaldo rests at his home in Oakland, Calif., on Wednesday, April 23, 2008 after spending a night at Children's Hospital following an attack by a bully at Piedmont Elementary School. Photo by Paul Chinn / San Francisco Chronicle Ran on: 04-24-2008 Zachary Cataldo, 7, has been the victim of three attacks at his Oakland elementary school. Ran on: 04-24-2008 Zachary Cataldo, 7, has been the victim of three attacks at his Oakland elementary school. ###Notes: Zachary Caltaldo ###Special Instructions: MANDATORY CREDIT FOR PHOTOGRAPHER AND S.F. CHRONICLE/NO SALES - MAGS OUT less ###Live Caption:First-grader Zachary Cataldo rests at his home in Oakland, Calif., on Wednesday, April 23, 2008 after spending a night at Children's Hospital following an attack by a bully at Piedmont ... more Photo: Paul Chinn Photo: Paul Chinn Image 1 of / 3 Caption Close Oakland police probe alleged bullying incident 1 / 3 Back to Gallery

Oakland police have opened an investigation into the case of a first-grade boy whose skull was fractured Monday when, he said, an older student slammed him against a tree as he waited for a ride from a family friend.

Police investigators will visit Piedmont Avenue Elementary School today to question school officials and any students who might have seen what happened.

Seven-year-old Zachary Cataldo spent two nights in the intensive care unit at Children's Hospital before returning home on Wednesday.

"After our investigation, the district attorney could very well decide to prosecute and file charges," said Officer Roland Holmgren, spokesman for the Oakland police.

Vince Matthews, state administrator for the Oakland Unified School District, and other district officials did not return calls from The Chronicle on Thursday. Nor did Principal Angela Haick of Piedmont Avenue Elementary, where the incident took place.

But expressions of concern for Zachary - and outrage at what his father said was the school's lax response to repeated bullying incidents - poured in from across the country after the story appeared in The Chronicle on Thursday.

Help also came from closer to home.

Zachary's father, Anthony Cataldo, is a single father who works as a receiver at a Safeway store in Oakland and has had to take the week off to be with his son.

"We're covering for his salary," said Isaias Dominguez, the store's assistant manager. "We have about 200 employees, and everyone is contributing so he doesn't get penalized for being out.

"I found out what happened this morning, and it's extremely horrible. (Zachary) is a nice kid. A really nice kid."

Zachary was standing in front of the school waiting for a ride on Monday afternoon when, as he tells it, "a fifth-grader picked me up, and he body-slammed me into a tree."

His father said Piedmont Avenue Elementary lacks adult supervision before and after school. That was confirmed Wednesday by Denise Saddler, an administrator with the Oakland Unified School District, who said that at elementary schools throughout the district, only students enrolled in special programs receive supervision.

Assemblyman Gene Mullin, a South San Francisco Democrat who heads the Assembly's Education Committee, said Thursday that he will consider whether a "safe-zone requirement" is needed in state law that would require schools to supervise children for a reasonable period before and after school.

"The fact that they have no adult supervision is troubling, quite frankly," Mullin said. "And if there's a reasonable expectation that youngsters could be in harm's way, it would seem that the school district has some responsibility."

At Piedmont Avenue Elementary, where records show that 97 of the school's 344 children were suspended for violent incidents last school year - nine of which involved weapons - school officials acknowledged that children could be in harm's way.

Saddler said Wednesday that district officials are well aware of the danger.

"We monitor the data regularly," she said. "It's a major concern."

The incident that sent Zachary to the hospital was the third time he had been assaulted at Piedmont Avenue Elementary, his father said.

When Zachary was in kindergarten last year, an older boy spun him around and then let go, the elder Cataldo said. Zachary lost four front teeth and suffered a large red laceration on his chin, a photo shows.

Three months ago, a student kicked Zachary in the stomach, his father said, adding that his complaints apparently fell on deaf ears.

Other parents also are angry about violence at Piedmont Avenue Elementary, according to reviews of the school posted on www.greatschools.net.

"Piedmont has a lot of bullying and violence - my daughter has been a victim on many occasions," an unnamed reviewer wrote in July, adding that it was frustrating that school officials have done little to stop the violence.

Wrote another reviewer: "Bullying and violence is a constant issue."

Meanwhile, Cataldo said school officials did little to protect Zachary after each bullying incident. He said his son recently confided that he'd changed his behavior after being kicked in the stomach this winter.

"Zachary told me that for some time, he'd have to hide in the bushes waiting for his day care provider" after school, Cataldo said. "This really broke my heart."

As police investigate the case, which began with a hospital-room interview of Zachary on Tuesday morning, Cataldo has mixed feelings about the fate of the boy he believes slammed Zachary against a tree.

"Of course I'm mad," Cataldo said, adding that the same boy had tripped a girl from Zachary's day care several months ago. When the girl asked why he'd tripped her, "He punched her in the eye," Cataldo said.

"Obviously, someone's hurting him," said Cataldo, suggesting that any child who goes around hurting other children may be a victim of abuse himself.

"Of course I feel bad, but he hurt my only son. And I'm afraid he's going to hurt someone even more seriously. It's a delicate situation.

"I definitely believe his parents need to be involved."