Charges Against Principal and Student Dismissed

Prosecutors dismissed charges yesterday against a high school principal and a student involved in a scuffle last month at Eastern Senior High School, saying they needed more time to investigate.

Eastern Senior High Principal Shawn A. Hearn, 35, and student Kenneth Holsey, 18, were arrested Oct. 25 after a scuffle at the school. Both were charged with misdemeanor assault.

Hearn, who was at the hearing, declined to comment on the case. Hearn was represented by Robert J. Spagnoletti, who resigned as D.C. attorney general last month and is now a partner at Schertler & Onorato LLP. Hearn was also represented by G. Allen Dale, who said his client was "pleased" with the prosecution's decision.

Despite yesterday's outcome, prosecutors did not rule out eventually pressing charges.

"No charges were filed, but we're still investigating," said Channing Phillips, a spokesman for the U.S. attorney's office.

The incident occurred as Hearn tried to disperse students who were watching a fight, police and witnesses said. Hearn allegedly grabbed a student, and Holsey allegedly jumped on Hearn to defend a schoolmate.

Holsey's attorney, Arya A. Mohsen, said another student, not Holsey, jumped on Hearn.

Sources familiar with the case said investigators continue to interview witnesses to the scuffle. .

Hearn remains on paid administrative leave until the D.C. Board of Education completes an internal investigation into the incident.

Hearn is also the subject of a civil suit. Holsey's family filed a $500,000 lawsuit in D.C. Superior Court against the city and Hearn, alleging assault and battery; false arrest; and negligence in the hiring, retention and supervision of Hearn.

"I want my son back in school," said Connie Milhouse, Holsey's mother.

Holsey has been suspended since the scuffle and is scheduled to appear before Board of Education officials Nov. 16 to determine his future at the school.