Suspended Rockland teaching assistant for developmentally disabled children acquitted of dunking 2 students in pool

The 54-year-old was acquitted on all four courts.

Ben Nandy and Cole McDonnell

Sep 24, 2025, 9:29 PM

Updated 2 hr ago

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A teaching assistant accused of endangering two disabled children by dunking their heads in a therapeutic pool at their school has been found not guilty by a Rockland County judge.
Judge Kevin Russo handed down his verdict in the bench trial about two hours after closing statements.
Catherine Rios, 54, was facing both felony and misdemeanor charges stemming from the alleged dunking of two nonverbal students with autism in the pool at the Jesse Kaplan School in West Nyack.
Rios's attorney, Dan Bertolino, was brief in his comments.
"Everything I need to say is embodied in the judge's verdict, which speaks volumes," he said. "That's it."
Melissa Aviles, the mother of 7-year-old Prince Wilson — one of the children involved — was angry yet hopeful after learning the verdict.
"My autistic nonverbal seven-year-old did not get the justice he deserves," Aviles said as she left the courthouse Wednesday, "but that's not the end of it."
Judge Russo said there was credible evidence that both boys' heads were submerged in the pool, but "not every lapse rises to the level of criminal culpability ... and the law requires more than a temporary lapse" for a conviction on such serious charges.
Rios testified Monday that the first student she's accused of dunking, 7-year-old James Eiran, had dunked himself as she tried to direct him away from a railing that he was climbing on, and she then tried to console him. She said did not dunk Prince, who was 6 at the time of the incidents in January, but just splashed some water near his face and said "Quiet." Two teaching assistants said they witnessed forceful double-handed dunks of both children, demonstrating the actions during their testimony. One TA said Rios came up behind Prince and dunked his head without warning.
The mothers of both Prince and James said they are proud of the Kaplan staff who reported the incidents.
Rios was eventually suspended from the school for "inappropriate methods of redirection."
"She knows what she did," Aviles said. "The judge didn't convict her but guess what. The man upstairs is going to convict her."
Both families said they are not done seeking justice.
"Our next stop for my son is the school," Aviles said, "because they need to have changes."
In an emailed statement, District Attorney Walsh praised the assistant district attorneys on the case, and pledged to keep sticking up for disabled children.
"This verdict is not the outcome we fought so diligently for; however, the decision of guilt or innocence rested with the Judge," Walsh wrote. "My office will continue to advocate for all child victims, especially those who cannot advocate for themselves and pursue justice on their behalf.”
Leaders of the Jesse Kaplan School, which is part of the Rockland BOCES system, said Wednesday they are looking further into employee conduct.
"Rockland BOCES is aware of the trial's conclusion," a spokesperson wrote, "and its human resources department is moving forward with due process to address employee conduct."
Rios, escorted to her car afterwards by court officers, was not immediately available Wednesday for comment.
Friends and family of Rios were calm upon leaving the courtroom to catch the elevator, and immediately burst out in celebration once the elevator closed with them inside.