Trial begins for Rockland teaching assistant who dunked disabled, nonverbal childrens' heads in pool
Catherine Rios's colleagues said to Clarkstown Police Rios yelled in the face of a seven-year-old with autism to 'be quiet,' before pushing his head underwater with both her hands. They said Rios then did the same thing to a six-year-old with autism who is prone to seizures.
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A special education teaching assistant is on trial in Rockland County, facing felony charges for pushing two disabled children's heads under water in a therapeutic pool at their school.
Catherine Rios, 54, is fighting two felony counts of endangering the welfare of a physically disabled person and two misdemeanor counts of endangering the welfare of a child.
She opted for a bench trial, which means Rockland County Judge Kevin Russo, not a jury, will eventually decide whether she is guilty or not guilty.
The incident in question was on Jan. 21 in the pool at the Jesse Kaplan School in West Nyack.
Rios's colleagues said to Clarkstown police Rios yelled in the face of a 7-year-old with autism to "be quiet" before pushing his head under water with both her hands.
They said Rios then did the same thing to a 6-year-old with autism who is prone to seizures.
Both children are nonverbal.
Rockland Executive Assistant District Attorney Kristin Tirino said in her opening statement Rios escalated the situation, which is counter to what staff is trained to do.
Tirino said the 7-year-old was "gasping for air when he got up above the water," and that "nothing could calm him down."
The students' teacher testified staff is trained not to yell because students may not understand it, and to stay 'hands-off' unless the student is posing a danger to himself or other students.
Defense attorney Dan Bertolino pointed out that while training is provided, the Jesse Kaplan School does not have a specific protocol for controlling students in the pool, and said the work environment is difficult.
"Everyday, one or more kids are biting, kicking, screaming, hitting teachers," Bertolino said in his opening statement. "Kids are out of control frequently, everyday."
The first student Rios dunked was spitting water, Bertolino said.
The description of life inside the school triggered some emotion.
Both the alleged victims and Rios each had about 15 friends and family in the courtroom for support on opposite sides of the center aisle.
As Bertolino spoke about the work environment, one person in among the alleged victims' supporters said "I'm about to lose it."
Bertolino estimates that in her eight years as a teaching assistant at the pool, Rios has dunked kids' heads 1,500 times.
He said no one had complained until January.
As Rios's friends and family left the courthouse for the lunch break Tuesday, Rios and her attorney declined comment as her relatives shielded to avoid her being photographed.
Friends and family of the alleged victims also declined comment, except for a quick thought from a woman who identified herself as an aunt of one of the students.
"I'm not feeling good about the fact that this woman tried to drown my nephew," she said.
The defense plans to call character witnesses and Rios herself to testify.
Prosecution witnesses include teacher's aides who saw the dunking and the mothers of both students.
The trial will continue Friday.
A spokesperson for the Rockland County District Attorney's Office said the DA expects proceedings to wrap up the same day, and for Judge Russo to announce his verdict shortly afterwards.
The sentencing, if applicable, would be scheduled for a later date.
Each of the two felony charges are punishable by up to four years in prison and a fine.
