Photo by Joselyn King Former Wheeling Middle School Principal Rich McCardle, center, awaits testimony during his pre-trial hearing on a charge of child abuse Tuesday in Ohio County Magistrate Court.

WHEELING — The case of a former Wheeling Middle School principal charged with a felony count of child abuse is headed to a grand jury.

A preliminary hearing for Rich McCardle was held Tuesday in Ohio County Magistrate Court before Magistrate Mike Lemmon to determine whether there was probable cause for him to stand trial.

During the hearing, a video was played showing McCardle pick up a juvenile male around the neck and throw him to the ground. A desk in the room partially obstructed the view, and it could not be determined whether the victim’s later testimony — that McCardle placed his knee on his back, held his face to the floor and applied his weight for about 15 seconds — was accurate.

The only witness to testify was Wheeling Police Maj. Josh Sanders, who investigated the incident.

He testified that on the evening of March 9, he received a call during off hours from Ohio County Schools Assistant Superintendent Rick Jones, who told him an incident had occurred at Wheeling Middle School and that the principal had likely abused a child.

Jones sent video from the school to Sanders, who said it appeared a student had been “choke slammed” by McCardle.

Sanders said he reviewed the footage and was “surprised” by what he saw. He interviewed the student two days later on March 11.

His testimony showed the student wore pants that hung low that day and was told multiple times to pull them up. The student refused and allegedly rebuffed a teacher who addressed the issue.

The student was initially sent to teacher Shane Glass but ignored the directive and went directly to the principal’s office.

After discussion in the office, McCardle directed the student to in-school suspension in “the hole,” the office of Mike McCleod, Communities In Schools site director at Wheeling Middle School, who oversees discipline.

As the student left the office, he was shown on video being picked up around the neck and slammed by McCardle.

Sanders testified the student had visible injuries on his neck, elbow and knee. The student said the injuries occurred while he was on the ground, with McCardle allegedly squeezing him and pressing his face into the floor.

Afterward, the student went to “the hole” and McCleod’s office, where he called his mother, who was unable to pick him up. He remained there for the rest of the day before taking the bus home, Sanders said.

Joseph John, attorney for McCardle, said McCardle had used “crisis prevention intervention” (CPI) after the student was defiant and that the action was intended to maintain order in the school.

Ohio County Prosecutor Shawn Turak asked Sanders if he was familiar with CPI, and he said he was. She then asked whether CPI was necessary in this instance.

“No, I don’t believe CPI was necessary in any way,” Sanders said.

John objected that the student was not present to testify, calling Sanders’ testimony hearsay.

Turak said she believed the testimony was admissible at a preliminary hearing and that it was not necessary to bring the minor witness, citing concerns about potential bullying and the emotional burden on a child.

“It’s also overwhelming for Mr. McCardle to be sitting here facing a felony charge,” John responded.

John noted that McCardle, Glass and Wheeling Police Officer Greg Harris were present in the office during the incident. A school nurse was in an adjacent room and McCleod was nearby.

He argued that Harris did not investigate the incident and that none of the others present checked the student’s medical condition.

He also said the student did not receive medical treatment until after his March 11 interview with Stowers.

John argued the injuries did not meet the legal definition of “pain” required to support a child abuse charge, saying pain must impair function. He said the student was able to walk, attend school and participate in athletics the following day.

Lemmon said he believed the student did sustain pain and sent the case to the grand jury.