Teens charged in attack barred from school

Three teens charged in an attack at Smithtown High School West cannot attend classes there because a court order bars them from contact with the 15-year-old alleged victim, officials and a parent of one of the students said.

The student accused of punching Gabrielle Petagna of Hauppauge, "will receive an alternative learning assignment" to avoid violating the court order, Superintendent Edward Ehmann said Friday. The unidentified student received a superintendent's hearing, which allows district officials to suspend the student for more than the maximum five days allowed without a hearing, Ehmann said. He has declined to specify the punishment.

Two other students charged in the Dec. 7 incident take classes at district offices, to avoid attending school with Petagna at Smithtown West, Ehmann said.

Police have said a 15-year-old student was charged with third-degree assault and unlawful imprisonment, both misdemeanors, for punching Petagna. She was referred to Family Court, where cases are private. Authorities have not identified her because of her age.

The other suspects, Marilyn McManus, 17, of Smithtown, and Aeisha Harriel, 16, pleaded not guilty on Jan. 4 in First District Court in Central Islip to unlawful imprisonment for blocking Petagna's exit from the bathroom, according to court records. McManus and Harriel, who were released without bail, are due in court on Feb. 3.

Petagna said at a Smithtown school board meeting last week that she suffered a black eye and a concussion when she was punched by an estranged friend in a bathroom while other students blocked her escape. Petagna and her parents, Michael and Jeanne, have said Smithtown school officials mishandled the incident.

McManus' mother, who declined to be identified, told Newsday the criminal charges against her daughter were "ludicrous." She said her daughter watched the altercation but did not block Petagna from leaving the bathroom.

She said her daughter was suspended from school for several days, a punishment she approved of because her daughter should have walked away from the fight. Attempts to reach Harriel's family were unsuccessful.

The Petagna family has retained a lawyer to address their dissatisfaction over the district's handling of the incident, the family's attorney said Friday.

"All options are under consideration at the moment," Uniondale attorney Michael Regan said. Michael Petagna declined to comment. Ehmann said he was not aware of the family's decision to seek counsel. "That's their right," he said.