By Erin Jones

PLANO, Texas (CBSDFW.COM) – The mother of a former Plano ISD student says two of the students who forced her son to drink urine at a sleepover last February will be facing charges.

For more than seven months they’ve been waiting for criminal charges.

Summer Smith’s son, SeMarion Humphrey, 13 at the time, attended Haggard Middle School.

SeMarion Humphrey (Credit: CBS 11 News)

“It has definitely affected him. Depression, anxiety. Definitely affected him and we’re by no means out of the healing process,” said Smith.

Plano Police launched an investigation and Smith says in a meeting Friday, Oct 8, she learned two of the students will each be facing an assault by contact charge, a Class C misdemeanor.

“To find it’s the equivalent of a ticket, just a little fine, that says to me what they think about my child,” said Smith.

“They choose the absolute lowest level which is the equivalent of a ticket – no jail time, no threat of jail time. It’s a fine,” said Smith’s attorney Kim Cole.

Cole was hoping for at the very least a Class A misdemeanor.

“When you handle these types of situations with kid gloves it’s not a deterrent,” said Cole. “They have been protecting these kids from day one and I can’t say I’m surprised.”

She says she’ll now be filing civil claims against them.

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Meanwhile, Smith says her son has created an anti-bullying organization that aims to make sure what happened to him doesn’t happen to anyone else.

Smith also says her son was the victim of several other bullying incidents that took place prior to the sleepover, but on Friday was told by police, Plano ISD has no documentation of the incidents.

CBS 11 reached out to the district, but has not heard back.

Erin Jones