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Jury rules school district not at fault in fight case

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MASON CITY - School officials can't prevent all school fights and shouldn't be expected to, a Mason City School District lawyer said Tuesday.

Attorney Joel Yunek said that's the significance of the verdict Tuesday in which a Cerro Gordo County District Court jury ruled that the Mason City Community School District wasn't negligent for not preventing a fight three years ago.

The family of Joshua Servantes sued the district in a case involving a fight between Joshua, then a student at the high school, and another student, Damian Sauers. Servantes went through a plate glass window in the school lunchroom as a result of the fight.

The five-woman, three-man jury deliberated for nearly 12 hours Monday and Tuesday before returning the verdict.

Yunek, who represented the school district, said after the verdict was in, "The school district tries extra hard from top to bottom to meet the needs of all of its kids.

"Random acts of violence are extremely hard to predict and prevent."

He said the jury had an important decision, one that would be scrutinized by every school district in the state.

"After all was said and done, I think they realized the school district's obligation is to try as hard as they can - and that nobody's perfect."

School Superintendent Keith Sersland said the case has been a difficult one for everyone involved.

"It has been a very unfortunate situation for all parties, especially Joshua Servantes. It was a long trial with a lot of evidence and information for jurors to consider.

"The school district is thankful that after careful deliberations, the jurors, all residents of Cerro Gordo County but none residents in the Mason City School District, ruled in favor of the district."

Eric Parrish, attorney for Servantes, could not be reached for comment.

The case centered on the school district's responsibility to protect its students - and how far that responsibility extended.

Testimony in the week-long trial showed that the district was aware that Sauers had written a note in which he had threatened to kill Servantes.

On the day of the fight, Sauers was brought to the In-School Suspension Room at the direction of principal Robert Weaton. His parents had been called to come and get him and remove him from school grounds, according to the testimony.

Sauers repeatedly asked Brian Lockwood, supervisor of the room, to go to the bathroom and to get a drink. Lockwood told him to sit down, that his parents would be there momentarily. Instead, Sauers left the room went down the hall and into the lunchroom where the fight ensued.

In his final argument to the jury, Yunek argued that the school is not a prison and does not have trained bodyguards.

"We can't arrest people. We can't restrain people. Our function is not law enforcement.

"If you find the school district at fault, you must believe that this wouldn't have happened anywhere else," said Yunek.

Parrish said the school district was more concerned about having its procedures and paperwork in order and did not properly protect Servantes.

"In education, people are more valuable than process. That's what this case is all about," he said.

Contact John Skipper at (641) 421-0537 or john.skipper@globegazette.com.

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