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Baytown woman enraged neighbor wasn't arrested after attacking her on public sidewalk

A Baytown woman said her autistic child was playing on a public sidewalk when her neighbor approached her and pushed her to the ground while holding a screwdriver.

BAYTOWN, Texas — A Baytown woman said she no longer feels safe in her own home after she was attacked by her neighbor. She's upset he wasn't arrested and is frustrated that police didn't even call medics to check out her injuries.

Virgen Morales said she was going to check the mail while her autistic 3-year-old son was playing with pine needles on a public sidewalk outside her home on Monday. That's when she said her neighbor approached them and pushed her to the ground while holding a screwdriver. She also said he spit on her and said it was "his" sidewalk.

"First he bumps me and I am, like, oh, wow what is wrong with you? He pushed me down (and said) 'What are you going to do about it?'" Morales said.

The incident was caught on video.

"I actually want to move because I haven’t slept, I just don’t feel safe at my house I really don’t," Morales said.

Her fear stems not only from the attack -- but the aftermath.

She said her attacker didn't back down until police showed up, but even after seeing the video of the attack, officers did not arrest him. Instead, they issued him a citation for misdemeanor assault.

Morales said police didn't believe her, even after seeing the video of the attack and showing the bruises, scratches and scrapes on her leg.

"Oh, you must have done that when you got up," Morales said the police told her about her injuries. "I am, like, got up from where? I don't understand. You saw the video. I don’t understand. You're telling me I did that to myself?"

Morales said it's not the first time her neighbor has intimidated her. It's also not the first time she called the police to help.

"I brought everything to the table and no justice," Morales said. "Who protects us then? Not the Baytown police. No one does that to someone, especially with a baby over pine needles."

Morales, a mother of four children, said she feels lost now that her peace has been taken away. She said she thinks race played a part in how the situation was handled.

"I do feel if it would have been a Hispanic man he would have been (arrested). If he would have been a Black man (he would have been arrested)," Morales said.

KHOU 11 News' legal expert said a class A misdemeanor is an assault resulting in bodily injury to the victim but Baytown police said the incident did not rise to that level.

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