Unless there are some EXTREME extenuating circumstance.. which there may be.. this is ridiculous.
From the article: She says that her son had already experienced similar incidents ...
The case, Wayne Countys assistant prosecuting attorney Maria Miller tells Yahoo Lifestyle, was evaluated by our Juvenile Prosecuting Unit, and it was determined that there was enough evidence to for us to charge aggravated assault.
This suggests the black kid(s) were doing it repeatedly. That IS bullying, deliberate and assault.