Michael Nicholson died at the Lubbock State School back in June. A medical examiner ruled his death homicide after being choked during a fight. Nicholson's family says they're pleased Smith is now charged with Michael's death, but do feel other Lubbock State School workers should face charges too for failing to intervene or call 911.
"We still are worried that the District Attorney's Office will just offer him a plea bargain and maybe he'll get off with a very light sentence, and might not be justice in that case," says David Nicholson, Michael's brother.
Nicholson says his family was pretty confident Smith would be indicted for manslaughter because the District Attorney's Office put together a very strong case.