Fall River school paraprofessional charged with assaulting a student set for trial Monday

FALL RIVER A Fall River Public Schools paraprofessional charged in January over an incident with a student at Carlton Viveiros Elementary School was set to go on trial Monday, Oct. 26, in Fall River District Court.

Natasha Burgo, 25, faces charges of assault and battery with a dangerous weapon on a child under 14, assault and battery on a person with an intellectual disability, and two counts of assault and battery, Fall River police said in January, as WCVB reported. WJAR reported Monday morning that her trial begins that day.

Burgo was arraigned in January in Fall River District Court, pleaded not guilty and was released on personal recognizance, the Fall River Reporter reported in August, citing court records. The trial date of Oct. 26 was set on Wednesday, Aug. 26, the outlet reported. Burgo is presumed innocent unless proven guilty in court.

The January arrest

Police arrested Burgo on Thursday, Jan. 22, WCVB reported. The department said in a social media post at the time, as WCVB reported: "The Fall River Police Department, especially our school resource officers, takes allegations of this nature extremely seriously." Police added that "all allegations of abuse are thoroughly investigated, with even greater scrutiny when it involves adults entrusted with the care and safety of children."

Burgo was placed on administrative leave in January, WJAR reported.

The principal's letter to families

In a January letter to families, published in full by the Fall River Reporter, Tricia Whitty, then the school's principal, wrote that the school had received a report alleging that a staff member "engaged in inappropriate (non-sexual) conduct with a student." She wrote that the school placed relevant staff on administrative leave, notified Fall River police and filed a report of suspected child abuse or neglect with the state Department of Children and Families.

"Upon learning of the allegations, we immediately initiated an investigation and took steps to ensure students' physical and emotional well-being while the matter remains under review," Whitty wrote.

Penalties under state law

Under state law, assault and battery by means of a dangerous weapon on a child under 14, by someone 18 or older, is punishable by up to 15 years in state prison or up to 2 1/2 years in a house of correction, a fine of up to $10,000, or both. Assault and battery on a person with an intellectual disability, by someone who knows of the disability, carries up to 2 1/2 years in a house of correction or up to five years in state prison for a first offense. Simple assault and battery carries up to 2 1/2 years in a house of correction or a fine of up to $1,000.

A district court may impose the same penalties as the Superior Court for the crimes it hears, except that it may not sentence anyone to state prison.

The court record

South Coast 360 will update this story with the outcome of the trial. For how a criminal case moves from a charge to a court date, see our explainer.

Label: Reported by us, from the town's posted records.