3 Marshall County School Employees Charged After Teacher Allegedly Strangled Autistic Child

Three staff members at McNinch Elementary School are facing criminal charges following allegations that a 6-year-old nonverbal autistic student was physically abused in the classroom.

This incident has put a spotlight on the responsibility of teachers, principals, and administrators to keep students safe, especially the most vulnerable in the school population. Remember that families in these situations do have legal options when abuse occurs in a school setting.

Here’s what we know about the case so far.

What Are the Details of the Alleged Abuse?

According to The Intelligencer, West Virginia State Police investigated an incident from mid-September. The criminal complaint stated that special needs teacher Kiersten Nicole Moses allegedly grabbed a student by the neck with both hands. She then squeezed for several seconds.

Video evidence reviewed by authorities reportedly shows Moses interacting with the student near a door as the child became visibly agitated.

Along with that, investigators also noted a previous incident on September 16. In this case, Moses allegedly restrained the student by pulling her arms behind her back in a painful, unnecessary position. A school nurse documented red marks left on the child’s neck after the student was brought to the nurse’s office.

Moses is facing several criminal charges, including:

• Felony strangulation
• Two counts of felony assault/battery of a disabled child
• Felony child abuse

Additionally, two other school officials face charges related to the incident. Jane Ann Duffy faces one misdemeanor count for failing to report child abuse. As McNinch Elementary Principal, Duffy is a mandated reporter. She allegedly failed to notify authorities within 24 hours of the incident.

Erin Cuffaro faces eight felony counts of gross neglect of a child, creating substantial risk of death or serious bodily injury. She worked as the Director of Special Programs for Marshall County Schools. Cuffaro also faces misdemeanor charges, including:

• Failure to report child abuse
• Obstruction of law enforcement
• Providing false information

Local authorities allege that Cuffaro instructed Duffy to issue only a verbal reprimand. In turn, that put multiple students at risk.

All three defendants pleaded not guilty in the Marshall County Magistrate Court. They were released on personal recognizance bonds. Future hearings are scheduled.

Response from the School District

Marshall County Schools Superintendent Shelby Haines stated, “Our top priority is educating children. We have been and will continue to collaborate with law enforcement, the West Virginia Department of Education, and legal counsel.”

Schools Have a Duty to Keep Kids Safe

Cases like this highlight the responsibility that falls on teachers, administrators, and school staff when working with young or special needs students.

Nonverbal children, those with developmental differences, or kids who need extra support are especially vulnerable. They depend entirely on adults to keep them safe and supported.

When abuse happens, or when warning signs are overlooked, the consequences can be long-lasting. It can affect a child’s physical health, shake their sense of trust, and make them feel unsafe in places where they should feel protected.

But this is not just about keeping kids safe in the moment; schools and administrators must be held accountable when they fail.

When incidents are ignored, minimized, or mishandled, it is the children who pay the price. Families deserve to know that the adults responsible for their child’s safety are answerable for their actions, and that the system will take steps to prevent harm from happening again.

Your Child’s Advocates in the Fight for Justice

At Hendrickson & Long, PLLC, we know how overwhelming and painful it can be when a child is harmed, especially in a place that should be safe, like a school or daycare. We have experience handling cases involving child abuse, sexual abuse, and neglect all across West Virginia, including incidents in classrooms and other institutions.

If you suspect your child has been abused or neglected, our compassionate attorneys are ready to help.

At Hendrickson & Long, PLLC, we are committed to seeking justice for families during these vulnerable and difficult moments.