Lawyers: Fired daycare workers could be charged after scaring children

TUPELO, Miss. (WTVA) - Video of daycare employees using a Halloween mask to scare little children has gone viral.

They’ve been fired, the owner said. Many people on social media have called for the individuals to be arrested. Currently, no one faces charges.

Could charges be filed, though?

“It appears that it’s an assault on what they’ve done, because, I mean, those kids were terrified,” attorney James Franks Jr. said. “They did not know what was going to happen. This was some kind of monster, some kind of creature, something. And they aren’t old enough to know that it’s close to Halloween and that people are going to be wearing masks and that’s all part of it. That was just simply wrong.”

Franks’ law firm partner William R. Wheeler, Jr. agreed.

“The kids were in imminent fear, obviously,” Wheeler said. “Just irresponsible on the adults’ part. It could traumatize the children. So, assault and battery could be the charges. But, it’s up to the D.A. It could be a misdemeanor. It could be a felony.”

Both men were shocked by the video. Attorney Jim Waide was too.

“The statute specifically provides that an emotional injury is a misdemeanor — either intentional or recklessly inflicted,” Waide said. “So, any parent could see the county prosecutor and bring criminal charges.”

Monroe County Sheriff Kevin Crook confirmed that his department is investigating.

Want more WLBT news in your inbox? Click here to subscribe to our newsletter.

Copyright 2022 WLBT. All rights reserved.