Sacramento Boy Claims He Was Grabbed, Choked by Substitute Teacher

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SACRAMENTO --

An 11-year-old Sacramento boy is claiming he was grabbed and choked by a substitute teacher last month.

"I was surprised. And scared," Andreas Cuellar said.

On February 23, Andreas Cuellar says he was grabbed and choked by a teacher at Michael J. Castori Elementary in Sacramento.

"He has eczema, so I put his medicine on in the morning, he had no bruise. Nothing there," his mother, Amanda Cuellar, said.

But when he came back home, she said her son’s arm was covered in bruises.

Andreas said the incident began when he chased after a ball during recess, at which point a substitute teacher picked it up.

When the teacher did not give it back, Andreas said he got mad.

As punishment, he claimed the teacher grabbed his arm and took him to the principal's office.

"I asked him, ‘Can you please let go?’  And then he grabbed it tighter and started to wiggle my arm around like a toy," Andreas Cuellar said.

He said the substitute teacher pressed on a small bruise he already had, making his injury worse.

Andreas remembered yelling and screaming because of the pain. But what came after that surprised him even more.

"He told my son to go back into the office. My son said 'No, I'm going into my class to get my belongings.' And then my son said that is when the teacher grabbed him by the throat and pushed him against the wall" Amanda Cuellar said.

Andreas said he called the police immediately following the alleged chokehold. Then he had his mother file a police report.

In a statement to the police, the substitute teacher claimed it was Andreas who was cursing at him, calling him derogatory names including the N-word.

Andreas does not deny that. He said he regrets it, and learned his lesson.

"When I get mad, just try to walk away," Andreas said.

In the report, the teacher said he did grab Andreas’ arm, because Andreas was acting up and hitting him.

But he also said at no time did his arms or hands go around Andreas' neck.

The Twin Rivers Unified School District sent us this statement:

"All reported allegations are deemed serious, promptly and thoroughly investigated, and addressed in accordance with all policies and laws to ensure the safety of students, staff and community."

"They're not angels. And they are going to use inappropriate words when their parents aren't around. But that still does not give someone the right to put their hands on someone they are supposed to be protecting,” Amanda Cuellar said. “I really don't want this teacher to be teaching any more.  He shouldn't be hurting kids. It's not right."

Andreas said he has not seen the substitute teacher around school since the incident.

FOX40 asked the school district if he had been reprimanded. They said it is being handled by their HR department as a personnel matter.