Many remember the horrible comments made in 2019 by former educators to special education students at Berkeley Heights Elementary in Martinsburg, West Virginia that were caught on tape by Amber Pack, one of the student's mothers.
"I ought to backhand you right in your teeth. How is that for anxiety?" says one former educator.
"I'll punch you in the face," adds another former educator.
Former teacher Christina Lester, and former aides June Yurish and Kristin Douty were all charged with a failure to report abuse. A misdemeanor that carries a potential fine and 90 days in jail.
Now in a stunning move, Berkeley County Prosecutor Catie Wilkes Delligatti just filed a motion to dismiss all criminal charges against the three women. That motion will be heard on Monday, Dec. 11 in court.
Kasey Murphy, one of the victim’s mothers, says Delligatti never informed her of the motion being filed and she's disgusted with the County Prosecutor.
"When I seen it was the D.A. I was confused and angry and then I was just disgusted because I was never told," says Murphy.
7 News asked Delligatti to answer multiple questions, including; doesn't a motion to dismiss if granted show suspects that if you drag out hearings and court dates the County Prosecutor's Office will eventually just give up?
Delligatti’s said her motion lists the reasons, including that the state believes further costs of resources is an unnecessary expenditure of the limited resources of the court and the parties, and will not in any meaningful way promote justice.
Kasey Murphy said most mothers would disagree.
"I don't care if they spend one day in jail. It's one day in jail for the crimes they committed and that is justice for my child and his classmate," adds Murphy.
All three women are also facing a civil lawsuit filed by the West Virginia Attorney General’s Office. So no matter what happens in court on Monday... this isn't over.