Updated: May 20, 2009 01:55 PM EDT
By Holley Nees - bio email
LUFKIN, TX (KTRE) - The trial of a man accused of abusing a Lufkin State School resident began Wednesday.
The prosecutor, Dale Summa, argued that Toby Falcon choked and punched the resident of following protocol that the State School has in place to calm residents down.
Summa said the resident got loud when he thought he had not been served his snack. The defense argued Falcon is not guilty of abuse of any kind. The defense pointed out the resident is self-abusive when he gets angry, but said there was a struggle when the resident became disruptive.
Falcon's attorney claimed workers stood by and watched the incident happen rather than helping Falcon. The first witness on the stand was a former state school employee that saw falcon's hands around the clients neck.
The trial is not expected to last longer than two days.