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Video shows Yonkers 13-year-old confronted by cursing adults, students at Montessori school

Video shows Yonkers 13-year-old confronted by adults, students at Montessori school
Video shows Yonkers 13-year-old confronted by adults, students at Montessori school 02:10

YONKERS, N.Y. -- A Westchester County mother says a group of adults verbally and physically assaulted her daughter on school grounds.

One woman is now facing charges, and the Yonkers School District is facing a lawsuit.

Alenna Merritt said Monday she can't help but feel she let her daughter down, following an ugly incident on April 18 at Yonkers Montessori Academy.

"The fact that my child was surrounded by five adults and I wasn't there to protect her, that's what goes through my mind. It eats at me every day that I wasn't there to stop what was going on with my child," Merritt said.

Footage shows adults cursing at the girl and then a student attacking her

Smartphone videos show what happened near an entrance to the gym at around 7:20 a.m. -- a confrontation allegedly fueled by social media taunting.

A group of adults and students is seen confronting Merritt's 13-year-old daughter, who repeatedly says she's not the girl they're looking for. The adults curse repeatedly and then a student starts fighting Merritt's daughter.

The tense scene lasted five minutes and Merritt says no one from the school stepped in.

"You're telling me five adults with a child screaming at the top of her lungs, 'It's not me! I don't want to fight your child!' Not one security officer heard this? Not one adult?" Merritt said.

"The whole premise of this case is that there should have been staff members in this area, especially if this was an area that adults had access to," said attorney Mark Shirian, who represents the Merritt family.

Notice of claim filed against Yonkers schools  

Shirian has filed a notice of claim, a prelude to a lawsuit, accusing Yonkers schools of negligence for failing to protect Merritt's daughter.

Police filed assault and endangering charges against 55-year-old Nancy Rosa, who runs a Yonkers day care, and additional adults may also face charges.

Merritt said her daughter is traumatized.

"She's just dealing with it the best way she can. She doesn't want to come back to school," Merritt said.

She'll be tutored at home for the duration of the year.

CBS New York called, texted and stopped by the home of Rosa, who is charged in the case, but could not reach her for comment.

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