Muscogee County teacher accused of choking student requests immunity, enters plea
A Muscogee County teacher charged with simple battery after allegedly choking a student waived her arraignment hearing Friday in State Court and entered a plea of not guilty, according to the Muscogee County Solicitor General’s office.
The accusation filed with the court claims Jody Russell “on or about the 10th day of November,2025, did intentionally make physical contact of an insulting or provoking nature to the person of (student’s name) by placing her hands around the victim’s neck while telling him to shut up, contrary to the laws of this State, the good order, peace and dignity thereof.”
A motion of immunity filed Feb. 6 on behalf of Russell by her attorney, Ann Brumbaugh of Decatur, says Georgia state law, “entitles Ms. Russell, an educator, to immunity from criminal prosecution for discipline of a student provided she acted in good faith.”
“Ms. Russell’s actions do not amount to a crime and in any event are protected from criminal prosecution by O.C.G.A. 20-2-1001,” the motion says.
Russell has taught special education in the Muscogee County School District for 12 years and is still employed by the district, according to the motion.
The motion says Russell taught students with moderate intellectual disabilities at Fort Middle School at the beginning of the 2025-2026 school year, in which the student was a seventh-grader.
The motion alleges the student, whom she had taught the previous year, had become progressively more disruptive vocally and physically.
The motion says the incident happened Nov. 5. The student came up behind Russell and started yelling, and Russell turned around and grabbed him by the shoulders, according to the motion.
“She did not touch his neck at all, let alone choke him,” the motion says. “She did tell him to be quiet. (Student’s initials) was not hurt.”
The motion says the Muscogee County School District investigated the incident, suspended Russell for three days and transferred her to another unspecified school, where she remains employed. The incident was caught on video, according to the motion.
Mom says witness saw teacher choke her child
Following a Recorder’s Court principal summons hearing in December, Katrina Robinson told reporters her 14-year-old son has Down syndrome and attends Fort Middle School, where he has been in Russell’s classroom for two years
Robinson claimed she received a phone call Nov. 5 from the principal and the school police officer saying someone witnessed Russell choking her child. They told her they were investigating the incident, and it was caught on camera, according to Robinson.
Her son is nonverbal but made a noise, Robinson said. Russell proceeded to choke him, Robinson said.
The officer asked her whether she wanted to press charges, Robinson said, and she did.
Open records requests
The Ledger-Enquirer has filed open records requests for documents about this case, asking MCSD for any and all records involving the incident as well as a copy of the video footage.
MCSD attorney Greg Ellington of the law firm Hall Booth Smith in Columbus responded with the following:
“The only records in MCSD”s possession responsive to your request, including video footage of the incident in question, are part of the Solicitor Office’s ongoing investigation into that pending matter. Those documents are therefore exempt from the Act pursuant to O.C.G.A. §50-18-72(a)(4). That provision provides in material part: “(4) Records of law enforcement, prosecution, or regulatory agencies in any pending investigation or prosecution of criminal or unlawful activity, other than initial police arrest reports and initial incident reports; provided, however, that an investigation or prosecution shall no longer be deemed to be pending when all direct litigation involving such investigation and prosecution has become final or otherwise terminated.”