In the Bailey O'Neill Case, Serious Questions, Allegations

By: Rebecca Savastio

On January 10^th, 2013, Bailey O’Neill, an 11-year old student, was punched in the face during a schoolyard fight. About a week and a half later, he developed severe seizures. Eventually, he was placed into a medically induced coma and tragically died early in March, leading many to speculate that his seizures and subsequent death were related to the altercation.

This theory was put forth by Bailey’s family who widely claimed in the press that Bailey was “bullied” at school prior to the incident. It was also widely reported that Bailey’s nose had been broken and that he suffered a concussion after being hit.

The case has gained worldwide attention and inspired numerous fundraising efforts. The Facebook page “Building Hope for Bailey” has received over 10,000 “likes” and hundreds of anti-bullying comments, and the fundraising site linked in its comments sections raised thousands of dollars. Another Facebook page entitled “Battle for Bailey” threw a large beef and beer fundraiser, created an online fundraiser that also raised thousands of dollars, and has now set up a site with a .org extension, which generally means the site is non-profit, selling tee shirts, bracelets and other items. There is also a separate ecommerce site with a .com extension linked to the Facebook page, also selling tee-shirts, sweatshirts and bracelets.

Early on in the case, several community members raised concern on the “Battle for Bailey” Facebook page, stating that the money raised there would not be going to the household where Bailey lived, alleging that Bailey was “double covered” by insurance and questioning where the money was going. "Shortly after that, the moderator of the Battle for Bailey page posted an admonishment seemingly directed to those questioning the fundraising efforts, saying “We are asking out of respect of the family to please keep your comments to yourself this is not a time to express your opinions! This is not a competition to who's page to go to or what donation to make to. That is your choice please have respect for Bailey and his family. Thank you.”

Another status update from that page stated “The media has twisted and turned this around…we did not start this for monetary reasons.” Later on that same thread, someone asks what was said in the media about fundraising, and the moderator replied “I didn’t mean the money part of this was being scrutinized I meant the story of Bailey. Every news channel and paper has things wrong. Just surprised me. I know where this money will go (to give Bailey the best service and
resting place we can)…”

Around the same time, the moderator of one of the the fundraising sites placed a statement on that page saying “if you are concerned about where this money will go please do not donate.”  That campaign is now ended, and the current fundraising site, battleforbailey.org, has a statement on it saying “All proceeds assist us in furthering our mission. No proceeds go to personal use,” however, there is no  501(c)3 status listed on their page, which would indicate actual nonprofit status, at this time. Clearly, numerous community members had expressed confusion about why there were so many different fundraising efforts, apparently connected to numerous family members, going on simultaneously.

The moderator of the Battle for Bailey page quickly removed all of those comments from the Facebook page and directed the attention back to bullying. In addition to removing all comments pertaining to the fundraising efforts, any references to the actual case against the “bullies” were also removed, and a warning was posted: "I was asked to have anyone not post anything about the DA or anything about Bailey's case. This is an ongoing investigation and no decisions on anything has been made. Anything said on here, we do not want to hurt the investigation...we do want to raise awareness about bullying out there but please allow the authorities to do their jobs..." Other times, entire threads were removed from the Building Hope for Bailey page when people commenting on those threads questioned the case and the relationships of the children involved. Again, the moderators turned the attention back to the subject of bullying.

But the DA was unable to find any clear evidence of bullying, and when the news emerged to that end, the internet exploded with thousands of comments, many ignoring the DA’s findings and demanding that the bully or bullies be brought to justice. A great many of the comments expose the ugliest side of humanity; they focus on the fact that Bailey was white and the child who punched him is black in the foulest way. The racist vitriol is disgusting; so disgusting that the comments do not deserve to be published again. Suffice it to say they contain plenty of offensive language and hate speech. They also allege that the attack was racially motivated, an assumption which appears to be completely false.

As the demands for charges be filed against the bully and the racist comments grew in number and intensity, so did the mystery of the case, leading many to wonder why the DA did not uncover any evidence of bullying prior to the altercation. They also wondered if perhaps the death could have been caused by something else, such as an underlying condition.

It is now being reported that the incident which occurred on January 10^th and Bailey’s death are not related. According to an ABC News television report there is “no correlation between the schoolyard fight and the epileptic seizures that Bailey later suffered which were ultimately determined to be the cause of his death… Bailey never hit the ground…no trauma found, no broken bones.”  The
Delaware County Times reported “Advanced autopsy studies “by the best doctors in the world” found no evidence of trauma linking punches that young Bailey O’Neill took in the face during a schoolyard fight in January to seizures that caused his death in March.”

It is also being reported that Bailey suffered for years with migraine headaches, which contradicts his family’s accounting to many news sources that he was completely healthy prior to the incident.

Even though it’s been reported that there was no trauma on Bailey’s head or body that could possibly link his death to the fight, some members of Bailey’s family have stated to the press that no findings from the autopsy will change their mind. They’ve said repeatedly that they believe Bailey was bullied and died from injuries sustained during the attack on January 10^th.

However, a very different picture of what really happened has emerged on social media. While it is impossible to corroborate what is said on social media as fact, it’s important to consider the perceptions of those close to the case as well as the public opinion expressed online. These impressions are significant and can give insight into how those involved in the situation view what actually happened.

Namely, it appears that Bailey and his attacker were friends before the incident and the schoolyard altercation was instigated by several girls, one of whom sent a text message the night prior to the altercation, egging on the idea of a fight.

It looks like the incident was tied to pre-pubescent drama, not a campaign of bullying against Bailey.  In fact, on Facebook, the child who punched Bailey laments Bailey’s death and speaks candidly about how much he misses him:

(See Image# 1) “I don’t care what people think about this post. I’m being real. I really do miss him. I miss his funny awkward jokes. And in music class he always talked about (name withheld.) LOL. I miss him annoying me. I miss me and him arguing over stupid stuff … (quote continues on image #1 in gallery)

Another Facebook post, made by a parent of one of the girls involved in the incident, alleges that Bailey bullied her daughter: (See image #2) “No fighting not worth it… more violence is not the way to go kids. He can not take it back. Bailey bullied (name withheld) and I have the paperwork to prove it… (Quote continues on image #2 in gallery.)

This allegation of Bailey teasing girls is echoed in another Facebook exchange. The girl who sent a text message the night prior to the incident posts about how much she misses Bailey, and underneath her post, she is accused of being the primary instigator of the fight. In that comment, the claim is made that the original poster instigated the fight, perhaps in retaliation for Bailey and another boy making her cry in class:

(See image #3) Facebook post: “R.I.P Bailey, we love you with all our heart and will be thinking of you no matter what…"

Response: “First of all he didn’t like you and that’s why Bailey and (name withheld) made (you) cry in class…You’re the reason Bailey got beat up in the first place. Yeah (name withheld) ratted you out hon and everyone knows you told (name withheld) Bailey was saying stuff about him. YOU’RE THE ONE WHO INSTIGATED THE FIGHT so feel free to take full responsibility for what happened…" (Quote continues on image #3 in gallery.)

Other additional Facebook posts corroborate this story, such as this one:

(See Image #4 in gallery) “Chill, it wasn’t just his fault. A girl told everybody to let them fight.”

According to a source close to the case, the girl in both of these posts is the same person who sent the text message the night before the fight, and that numerous children saw the same girl push Bailey into the child who punched him. The girl is also alleged to have been a constant source of trouble at the school. According to the same source-“I do not think it is bullying... I am concerned for (the puncher’s) safety...I know a text went out to a huge group of children the night before the fight from the girl and SHE was questioned several times with her dad there. The text she sent said NO ONE should stop the fight. She’s a spiteful little thing...Bailey and (the puncher) were friends.”

The Delaware County Times reports that the District Attorney also classifies Bailey and the child who punched him as friends- “Whelan described the relationship between the two young men as anywhere from acquaintances to friends, depending on the time of the year.”

If the two boys were fairly widely known to be friends, clearly there appears to be much more to the story than has been previously reported, and what once seemed an open-and-shut case of bullying is beginning to look more and more like a scenario of two friends fighting in the schoolyard; a fight started by a girl, a fight that the medical examiner, it has been reported, has determined is totally unrelated to Bailey’s death.

While no one would begrudge Bailey’s family the right to raise money to pay for expenses, and everyone feels great compassion for them over the loss of their child, questions linger about how the case has been presented to the public, and why.

It’s possible that Bailey’s family does not know of the allegations that a girl is alleged to have lied to the puncher for the purpose of starting a fight. Perhaps they do not know anything about the text message that went out the night prior to the incident encouraging a fight to take place, or that Bailey and the child who punched him were friends before the incident.

But the public jumped on the “bully bandwagon” and nothing will convince them to get off it. Now that the autopsy has found no correlation between the fight and Bailey’s death, many on social media refuse to believe the findings:

(See images #5-Image #8 in gallery) “There needs to be something or someone who can do this autopsy over. The boys who did this to Bailey need to be charged…” (Quote continues on image #5)

(see image #6) “Yeah, it was murder and justice needs to be served”

(see image #7) “I think those kids who hurt Bailey should stand out with a
sign saying “I bullied Bailey to death…” (Quote continues on Image #7)

(see image #8) “We all know what the results really are, whether they admit
it or not. It was caused by what was done to him.”

Of course, the racial comments continue to pile up in light of the reports
stating that the cause of death has been found to be epileptic seizures that are not connected to the punches Bailey sustained:

(See image #9) “This is just more political correctness protecting the
ghetto…” (Quote continues on image #9 in gallery)

Apparently, no amount of science will convince those who have already made up their minds about what really happened in this case, but they ought to wonder about the fact that according to news reports, the autopsy showed that Bailey’s nose was not broken and that no trauma whatsoever was found on his body. It was also reported that Bailey did not hit the ground at any time. All of these reported facts directly contradict what his family has stated to the press.

It seems that the public refuses to hear or accept the results, likening medical experts to a jury of laypeople: (See image #10) “The experts could not connect the fight on the schoolyard to Bailey’s death, but that does not disprove the assault did not kill him…” (Quote continues on image #11 in gallery)

But medical experts are much, much different than a jury and they have the capability of determining if the trauma sustained during the fight led to the seizures. According to the experts, the answer to that question is a firm “no.” Furthermore, seizures can and do occur without warning. Unfortunately, it seems that the timing of these particular seizures was coincidental.

Folks should also wonder about the numerous allegations made on social media that Bailey and the girls he teased played a large part in the eventual schoolyard fight, especially given that fact that, as can clearly be seen from the comments, people are quick to condemn the child who punched him and insist that race played a part in the incident. A digital lynch mob of sorts has sprung up online, with racism clouding perceptions and convincing people that the attack was racially motivated when it clearly was not, according to the reports that the two boys were friends.

The child who punched Bailey is being harassed and threatened on his Facebook page. He was forced to change schools because of the pressure. Based on additional comments online, it seems many at his new school know who he is, and we can only assume his journey from here on out is going to be incredibly difficult. A source close to the case said the children have been taunting him, calling him “a murderer” and making threats against his life. It’s been reported that he’ll be charged with simple assault, a charge that could potentially lead to time spent in juvenile detention. It won’t satisfy the digital lynch mob, but it’s a lot more hassle and upset for him and his family than most children in minor schoolyard altercations ever have to face.

We may never know the exact truth in this case, but we can certainly ask questions. It is not disputed that a child is gone and that his death is tragic, but does the child who punched him deserve the vitriol being sent his way? Why was the case presented to the public as clear-cut bullying that had a definite cause and effect when it does not appear that there was ever any definite proof that the fight was related to the seizures?

These questions will not be answered any time soon; Bailey’s family turned down a request for an interview. Regardless of the medical findings or what happens in the days ahead it is clear that public opinion on the case has already been carved in stone. Maybe that’s a good thing if it helps to combat bullying, but the questions will always remain.