The 18-year-old charged with aggravated assault against a then-fellow Wiscasset Middle High School student last May has agreed to anger management and mental health counseling in a two-year deal that could lead to the charge's dismissal.

The parents of the alleged victim, an eighth grader at the time of the incident, asked the court to reject the proposal. Under the agreement the state described and the court approved, the charge against D'Antae Dawkins would be dropped if he fulfills its terms, including the counseling, having no contact with the victim, having no alleged criminal conduct, doing 50 hours' community service, and maintaining a Lincoln County Jail Diversion contract. The prosecution offered a 24-month "filing" on the charge, meaning no trial is set but the state can still reinitiate a criminal proceeding, or can drop the charge. As explained in court, if Dawkins fulfills the terms to which he agreed, the charge will be dismissed.

"Although unfortunately the victim's family is unhappy with this resolution, we believe that this is the best path forward in this case," Assistant District Attorney Melissa Tabak told Justice Daniel Billings in Lincoln County Superior Court in Wiscasset Friday morning, Sept. 4. Tabak, defense lawyer Richard Elliott II of Elliott & Elliott in Boothbay Harbor and then Billings, when he was approving the plan, noted Dawkins was newly 18 at the time of the alleged incident. 

Elliott told Billings, "unfortunate facts," including the school nurse stepping in to cover a class period when the school was shorthanded, "led to this happening" over a basketball game, where "the talk escalated into physical contact. That was not in any way, of course, an appropriate response ..."

Elliott said he told his client avoiding conviction at trial would take just one of 12 jurors to not be convinced the state had met its burden. "And despite this, he chose to move forward" with the agreement, Elliott said. 

Dawkins entered no plea and is on personal recognizance bail. After his arrest May 20, Dawkins was under house arrest with exceptions, then went under a curfew.

The parents of the middle schooler Dawkins allegedly assaulted have spoken out at school committee meetings and on social media, and took part in a protest outside the superintendent of schools office.

Friday, Scott James, through a statement read aloud to the court on his, his wife Ashley James' and their son's behalf, argued for at least a misdemeanor conviction, due to the seriousness of the incident they said left their son with marks for 10 days, and "fear, humiliation, anxiety and memory of being choked at school, in front of his peers ... There is also a message being sent to the students ... Kids are saying, 'I'm going to D'Antae you,' as a joke about choking or attacking someone. What happened to our son has become a phrase and joke. They are watching what adults do next and (are) learning what accountability means."

The statement said their family did not want vengeance or to destroy Dawkins' life, they want accountability they said can exist along with the rehabilitation the agreement sought. 

The terms, including the counseling and community service requirements, are "a measure of accountability," Billings said. He said he understands if the alleged victim's parents or others think that is not enough accountability. "I think that's a line that reasonable people can disagree on. But this is not a simple dismissal, where Mr. Dawkins walks out of the courtroom today with no strings attached. He'll continue to be on bail for two years, the case will continue (as) pending for two years. If Mr. Dawkins does anything to violate the agreement ... this case can be restored to the criminal docket and the matter can proceed to trial."

Billings noted, Dawkins was waiving his right for the prosecution to first get a grand jury indictment. 

Of dismissal versus a misdemeanor conviction as the family supported, Billings said either would have been a reasonable outcome, and the agreement was appropriate to the circumstances "and in particular Mr. Dawkin's age." If he'd instead been just shy of 18, the case would likely have gone through the juvenile justice system instead, Billings observed.

Sept. 11, 2028 was set to re-address the personal recognizance bail and its conditions after the two years of the agreement. "If everything goes well there will not have to be a court proceeding that day," Billings said. He explained, "So that is the date, but assuming there have not been motions to restore the matter to the criminal docket, at that point ... the case would be dismissed."

The gym incident added to public concern over safety at WMHS and led to a new round of criticism of Superintendent of Schools Dr. Kim Andersson by some. Since the gym incident, Andersson learned students were not always where they were supposed to be. She and school committee members have said they need to be.

It will take every adult in the building to make sure the pass system is followed, new principal Chris Hennessey has said. He has also described plans for a rolling cart/office in the hallway, manned sometimes by him, sometimes by Athletic Director and Assistant Principal Brandon Rogers. In a school committee meeting Sept. 3, four days into the new school year, Andersson said Rogers said WMHS is like Fort Knox now. Andersson said students are responding well to having the structure and clear boundaries they need.

That's good to hear, Vice Chair John Merry said.