SANTA PAULA : Schools Chief Won’t Be Charged

The superintendent of the Santa Paula elementary schools will not be charged with battery over his run-in with a 14-year-old middle school student because of conflicting eyewitness testimony, Santa Paula police said Tuesday.

Supt. David Philips, who was suspended for five days by trustees of the 3,300-student Santa Paula Elementary School District after the May 27 incident, still faces possible disciplinary action by the district.

In a prepared statement, Police Chief Walter H. Adair said there is insufficient evidence to refer the case against Philips to the district attorney. Adair said police believe that “at most, the incident amounted to a de minimis technical battery (the unwelcome touching of one person by another),” but added that the matter should be handled by the school district.

“Conflicting witness statements make it difficult to determine exactly what happened in this case or to establish intent,” Adair said.

The student had told The Times that Philips grabbed him under the arms, pinned him against the wall and cursed at him. Philips has denied touching the student except to break his fall.

Janet Grant, president of the district’s board of trustees, said Tuesday that she was unsure what effect, if any, the police decision to drop the matter would have on the district’s investigation of the allegations.

The district has postponed any action until trustees meet with Philips. Since the board’s review of a report on the run-in, prepared by an Oxnard law firm, scheduling conflicts have prevented the board from meeting with him, Grant said.

The board has tentatively agreed to meet with Philips during a special closed session June 23, she said. “We still cannot and will not make a decision until we talk to the superintendent,” Grant said.