Andrew Winter, the former principal of Ritchie Park Elementary School in Rockville, was acquitted Monday of one charge of second-degree assault in connection with a February 2024 incident in which he allegedly stomped on a kindergartener’s foot.
During a roughly five-hour bench trial, Montgomery County Circuit Judge Sharon Burrell found the Montgomery County State’s Attorney’s Office didn’t provide enough evidence to convict Winter, 54, of second-degree assault.
The trial stemmed from a Feb. 9 incident caught on a surveillance camera at the school, in which Winter grabs a kindergartener by his hoodie to make him sit down in the cafeteria and then appears to stomp on the student’s foot.
During the trial, several people testified that the student had difficulties staying in class for long periods and would often get up to walk around the school. On the day of the incident, the student left the cafeteria several times, which led to the interaction with Winter, according to Assistant State’s Attorney Rachel Morris.
In the video, which was shown in court Monday, Winter can be seen talking to the student. A group of other students walks in between the pair, and then Winter grabs the student’s hoodie and pulls him backward toward a cafeteria table seat and makes him sit down. After several seconds, Winter appears to stomp on the child’s foot, before directing his attention to other students. The student can be seen crying in the video.
The trial included testimony for the prosecution from the student’s parents, Helsie Mack and Anthony Wilson, as well as the student himself, who is now 6 and a first grader at Lucy V. Barnsley Elementary School in Rockville. Ritchie Park teacher Erica Cerniglia, Montgomery County Public Schools investigator Neil Latchana, former assistant principal Tracy Tibbs and county police officer Derrick Tibbs, the school’s Community Engagement Officer, also testified. Tracy Tibbs and Derrick Tibbs are married.
Wilson called the video of the incident “disgusting” and said that there were several incidents throughout the school year between his son and Winter that he believed had been “escalating.”
Burrell said the student was inconsistent in his testimony and that he showed no outward signs of pain in the video. She said the state didn’t prove whether the student was upset because his foot was stomped on or if it was because he was scared or upset about having to do something he didn’t want to do.
MoCo360 reached out via phone to the Montgomery County State’s Attorney’s Office but didn’t immediately receive a response. Mack told MoCo360 after the trial that her family was “confused” and “taken by surprise” by the outcome of the case since the incident was captured on camera.
David Martella, Winter’s attorney, said after the trial he was happy for his client, who has “dedicated his life to educating and caring for students.” Winter declined to comment.
In court, Mack said the family hadn’t decided whether to file a case in civil court to ask for damages.
