Former Wheeling Middle School Principal Rich McCardle Pleads No Contest To Misdemeanor Child Abuse Charge
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The former principal of Wheeling Middle School pleaded no contest Monday morning to a misdemeanor charge of child abuse by a person in position of trust, according to Ohio County Prosecutor Shawn Turak.
At a hearing in Ohio County Magistrate Court, McCardle was convicted of child abuse creating risk of serious bodily injury by a person in position of trust. He was sentenced to 90 days in jail, suspended for 12 months of probation and fined $1,000. The conviction will permanently bar McCardle from working in public schools again.
McCardle was originally charged with felony child abuse by a person in a position of trust.
"The distinction between what he was initially charged and the end conviction reflects the fact that the victim thankfully received non-life threatening injuries,” Turak said in a statement. “Misdemeanor child abuse by a person in position of trust involves risk of serious bodily injury instead of actual serious bodily injury.
“Fortunately, the victim in this case did not receive serious bodily injuries as defined in West Virginia Code,” she continued. “As such, we determined that the appropriate conviction is that to which McCardle has pleaded no contest, the misdemeanor crime."
According to a Wheeling Police investigation, a student who was then in eighth grade student was in the main office at Wheeling Middle School in March, meeting with a teacher over a dress code violation. McCardle intervened and ordered the victim to in-school suspension.
According to the investigation, the student demonstrated compliance with the dress code issue, he attempted to go to in-school suspension when McCardle grabbed the child around his neck, slammed him to the ground and proceeded to pin him to the floor for a brief duration.
Turak said she had three objectives in the case — to ensure the victim’s well-being, hold McCardle accountable and protect future students, and said the resolution achieved all three goals. Turak said the victim’s mother agrees with the result and that the victim is doing well.
Unless McCardle violates probation, Turak said he would not go to jail.
"I believe keeping him from working in the public school system is the best way to ensure he doesn't violate his probation," Turak said. "The situation could have been so very much worse, and the fact that the victim is doing really well and appears to have fully recovered tells me that this is the right result. I am confident that his mom would agree. I want to express my appreciation to her for her continuous cooperation, as well as praise the hard work of the Wheeling Police Department for a very thorough investigation."
“The Wheeling Police Department remains committed to thoroughly investigating crimes, particularly ones in which the victims are more vulnerable, such as this case,” Wheeling Police Chief Shawn Schwertfeger said. “We additionally remain committed to our partnerships in the investigation and prosecution of all crimes and to the criminal justice process. Justice for victims is of paramount importance and we believe this has been accomplished in this case.”
McCardle was removed from the school immediately following the incident, according to Ohio County Schools, and resigned from the position. Nathan Skrzypek, who had been an assistant principal at Wheeling Park High School, was named the new Wheeling Middle School principal in March.