SANTA ROSA (CBS SF) -- A Santa Rosa woman will have to wait until late August to find out if she will be prosecuted for allegedly injuring a schoolboy she believes bullied her daughter at school.
The Sonoma County Sheriff's Office has not completed its investigation of Delia Garcia-Bratcher's alleged confrontation with the 12-year-old boy at Olivet Elementary School on Willowside Road west of Santa Rosa on May 16.
Garcia-Bratcher, 30, allegedly grabbed the boy by the throat and confronted him during the lunch hour on campus about allegedly bullying her daughter.
Garcia-Bratcher's attorney Ben Adams said Thursday morning he has at least two witnesses, including a teacher's aide, who say his client is innocent.
"I'd be surprised if they file charges in this case," Adams said.
Garcia-Bratcher was arrested on suspicion of inflicting injury to a child. She posted $30,000 bail and remains out of custody. She has appeared in Sonoma County Superior Court on May 22, June 19 and again today to learn if she will be charged.
Chief Deputy District Attorney William Brockley told Judge Dana Simonds he needs more time for the investigation to be completed.
The judge set the next court date for Aug. 28.
"That will be the fourth time we're here. Set a date when they'll actually be ready," Adams said.
When Adams expressed to the judge his and his client's frustration with the delays, Brockley said the alternative to not agreeing to the Aug. 28 date is to exonerate Garcia-Bratcher's $30,000 bail and issue an arrest warrant if charges are filed in the future.
"We're really frustrated by this," Adams said outside the courtroom after the hearing. "This isn't a complicated case, make a decision. If they don't know what happened, dismiss the case."
Garcia-Bratcher began crying outside the courtroom.
"This is ruining my life," she sobbed.
"It's ridiculous. They have the names and phone numbers of our witnesses," Adams said. "They should just let this go."
Adams said school begins again in a few weeks and Garcia-Bratcher's children have not had a normal summer. He said his client's children will not be returning to Olivet Elementary School next month.
"Her primary goal is to get back to normal," Adams said.
"This is something she (Garcia-Bratcher) needs to put behind her. The district attorney wants the media interest to die down," Adams said.
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