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NAACP calls for independent investigation in Dietrich assault case

The NAACP is asking the Idaho U.S. Department of Justice to take a second look at the case of a mentally disabled black student at Dietrich High School who was attacked by three of his white teammates on the football team.

BOISE -- The NAACP is asking the Idaho U.S. Department of Justice to take a second look at the case of a mentally disabled black student at Dietrich High School who was attacked by three of his white teammates on the football team.

Jeanetta Williams, the president of the NAACP Tri-State Conference of Idaho, Nevada and Utah, said in a press release that the group is requesting an independent investigation into the assault.

MORE: White Dietrich football players accused of raping mentally disabled black teammate in locker room

"The NAACP alleges violation of civil rights against the White students involved and has requested the Idaho USDOJ to investigate whether the investigation in this case were consistent with the policies and procedures the office of Attorney General," Williams said. "We would like the investigation to determine if such a heinous crime warrants community service and probation."

The 18-year-old victim's family, who has filed a lawsuit against the school district, says months of bullying and racial taunts culminated in the teen's teammates inserting a coathanger into the victim's rectum and kicking it.

Two of the suspects, then-17-year-old Tanner Ward and another student, were charged as juveniles, meaning the outcome of their criminal cases was sealed. John R.K. Howard, described as the ringleader of the abuse by lawyers for the victim, was originally charged as an adult with forcible penetration with a foreign object, a felony.

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But that charge was reduced as part of a plea deal approved by Deputy Attorney General Casey Hemmer, who argued in court in December that Howard did not deserve to be labeled as a sex offender for kicking the hanger into his teammate's rectum.

"It was egregious behavior. It caused this victim a lot of suffering," he told Judge Randy Stoker. "But it is not, in our view, a sex crime, which is why the state has amended this charge."

As part of the deal, Stoker agreed to sentence Howard to a withheld judgment and probation. The judge also issued a gag order forbidding the prosecution or defense from speaking to the press about the case until it is over.

MORE: Court documents shed new light on Dietrich locker room rape investigation

Howard's sentencing is set for Friday.

In the release, the NAACP wrote the prosecution "failed this young African American male again and that he has been victimized twice."

Lawyers for the victim's family previously told KTVB he suffered a breakdown after the attack, and has since been placed in a mental institution.

Representatives for the attorney general's office and the Department of Justice could not immediately be reached for comment Monday, likely due to the Presidents' Day holiday.

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