No homicide charges in Darby Township boy's death

May 13, 2013 8:45:15 PM PDT
The Delaware County District Attorney says doctors were not able to figure out what caused the seizures that ultimately took the life of 12-year-old Bailey O'Neill, but investigators say they know his medical condition was not the result of a schoolyard fight fueled by alleged bullying.

"We have the best doctors in the world look at this particular case from Children's Hospital and they could not make this correlation," Delaware County Prosecutor Jack Whelan said.

Action News has been following Bailey's story since his family says he was bullied by a classmate and beat up on the playground in January.

Two weeks later, the 6th grader started having seizures and was put into a medically induced coma.

On March 3rd, Bailey passed away.

On Monday, District Attorney Jack Whelan announced one simple assault charge against Bailey's classmate.

"Whether you conclude this was bullying or not bullying I'm not here to address, but what I am here to address we could probably do a better job in our schoolyards and our schools," Whelan said.

Action News spoke with the Collingdale parents of the now 12-year-old suspect.

They say their son is not a bully and he did not want to fight that day.

Investigators say there was an instigator who pushed Bailey into the classmate and things got out of hand.

"We feel that we have been treated unfairly. It was just one side of the story out there and even now with all the evidence out there, they're still saying my son is guilty," the classmate's mother said.

The mother and father say their son, who they briefly took out of school, is now the victim of bullies.

They say they have been distraught by the tragic incident and their hearts go out to Bailey's parents.

"It was kids being kids, but they were fighting. But that still didn't cause what happened to that young man," the classmate's father said.

The suspect's parents are vowing to fight the simple assault charge.

The District Attorney says Bailey's parents were disappointed because they wanted much more serious charges.

Bailey's parents have spoken with the media in the past, but wouldn't comment Monday night.