Chinle teacher arrested for assault

By Cindy Yurth
Tséyi' Bureau

CHINLE, Nov. 21, 2008

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Joseph Johnson

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A 30-year veteran teacher at Chinle Junior High School was arrested on a misdemeanor assault charge and led from his classroom in handcuffs Wednesday after allegedly interfering with a school-wide search of students' clothing and backpacks for contraband.

Joseph Johnson, 63, was released on his own recognizance and ordered to appear in court on the charge Dec. 18.

He has been placed on paid administrative leave pending a school district investigation of the incident.

Johnson said he has filed a report with the Apache County Sheriff's Office against Chinle school district security guard Karletta Bahe for allegedly giving false information to the Navajo Nation Police officer who arrested him. Bahe was out of the office Thursday and could not be reached for comment.

Johnson said he put his hand on Bahe's arm to try to prevent her from opening a backpack a student had left in his classroom during the search.

"It was a touch," he said. "It was not assault."

Johnson, a social studies teacher, said he felt the students' constitutional rights were being violated by what he characterized as a warrantless search with no stated probable cause, and he decided to protect them.



"Room by room, they were ordering the students out of their classrooms so they could search them," he said. "The kids were frightened. When they got to my room, I told the kids they could stay put."

When acting Principal Tammy Smith came and ordered the kids out, however, they all left. Johnson told them they could leave their bags in his room if they didn't want them searched.

However, he said, Bahe entered the room and started going through the students' belongings.

"I had told the kids I would protect their things, and I felt obligated to do that," he said. "I put my arm out to prevent the security from getting into the backpack."

Johnson said he has always detested the school policy that allows warrantless searches without the children's consent, and he decided to take a stand.

"If it's a choice between school policy and the Constitution, I'll take the Constitution every time," he said. "If it's a choice between protecting kids and my job, I'll protect the kids."

Smith didn't return a call Wednesday.

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