Trial date set for student accused of attacking Valley teacher

A Coachella Valley teacher assaulted at school will finally get her day in court.

Melissa Labayog says she’s has spent hours in court trying to put the 2012 incident behind her.

After three years, four prosecutors and numerous defense attorneys, this case will go to trial. Friday a judge set a firm date of the trial for the man accused of hitting her.

A big step forward, but Labayog believes all the delays not only hurt victims, they have but has the potential to create more.

“It’s too late for me, but the truth is, after I found out that he had injured somebody else, I thought this is too much,” said Labayog.

Labayog claims she’s partially blind and deaf after being struck in the head by a student in 2012. That student, prosecutors believe, is Manuel Martinez Jr., now 20 years old. He has pleaded not guilty to felony assault charges related to the incident.

“I was punched out in the hallway three years ago. At what point is someone going to step up and say it’s not OK to do that to a teacher. Victim Witness said this is just kind of the normal procedure. Victims just get put off and put off,” said Labayog.

Labayog said she’s gone to court more than a dozen times waiting for a trial date.

“It’s been very frustrating for me personally, because I haven’t been able to put this behind me,” said Labayog.

While she waited, police arrested Martinez on other charges, including child endangerment of a 2-year-old child and battery on his child’s mother back in April.

“I don’t know what he’s done, but it was enough to be charged with misdemeanors I guess. I just lost it. I just started crying,” said Labayog.

It’s an alleged crime Labayog partly feels responsible for.

“He needs something to happen so he knows he can’t hit people. If he’s willing to hit his teacher, if he’s willing to hurt the people that he lives with, does someone have to die before this kid gets the clue?” said Labayog.

Labayog decided to speak in court Friday asking for a speedy trial under the victim protection law know as Marsy’s Law. The judge agreed.

“I want courts to know that you can’t continue to draw these things out and victimize the victim,” said Labayog.

Martinez and his attorney did not want to comment.

The trial for Labayog’s case is now set for Feb. 5, with the judge insisting it not be pushed back any further.