AUSTIN (KXAN) — The FBI opened an investigation Thursday after a Cedar Creek High School student was tased by a school resource officer last year.
Officer Randy McMillan said he tased Noe Niño de Rivera on Nov. 20 because he interfered as officers attempted to break up a fight between two girls.
The family claimed Niño de Rivera then hit his head after being tased, and that the incident led to a medically induced coma. The family’s attorney, Adam Loewy, maintains the brain injury is a result of the tasing and the subsequent fall.
Loewy also released the surveillance video from inside the school, saying it shows a use of excessive force. However, investigators note it does not clearly demonstrate what happened prior to the tasing.
Maria Acosta, Niño de Rivera’s mother, said her son was briefly released from the intensive care unit into a rehabilitation center this month but was quickly taken back to ICU after suffering a setback with a traumatic brain injury.
Loewy has said Niño de Rivera’s hospital bills are more than $1.5 million and growing.
The attorney also believes there was a delay in getting aid to Niño de Rivera at the school and has filed a federal lawsuit.
The state’s largest police association defended the tasing, saying the teen appeared coherent after the tasing and even apologized to officers during the incident.