[Cooper:] Well, this disturbing video has been getting a lot of airtime over the weekend. It was taken last Tuesday in Florida. Appears to show a school bus driver violently grabbing a 15-year-old boy by the neck. The boy then strikes back. Tonight, the mother of that child says her son was only coming to the defense of his younger brother. She doesn't under why her two sons are facing serious felony charges while the driver may get just a slap in the wrist. We want to know what you think. Watch the tape and judge for yourself. Here's CNN's Sara Dorsey.
[Sara Dorsey, Correspondent:] Bus driver Albert Taylor told Charlotte County Police he had to pull his bus over Tuesday after a few students caused a disruption.
[Albert Marshall Taylor, Bus Driver:] Don't you tell me what to do. Get up here. Get up here.
[Dorsey:] Taylor told police he had asked a student to come to the front of the bus three times. This video shows Taylor then went to get the student. The boy's brother intervenes and Taylor appears to strike him and grab him by the throat.
[Corey Gene Hendershot, Involved In Bus Fight:] Get off him. Get off him.
[Dorsey:] The scuffle doesn't end there. The older brother, who has already been struck, appears to throw a punch at the driver. The boys then demand to be let off the bus.
[Mark Ernest Dickinson, Involved In Bus Fight:] You are going to jail, boy. Let me off this bus. Let me off the bus. Call the deputy, hurry up.
[Dorsey:] Sixty-six-year-old Taylor has been charged with simple battery, a misdemeanor. We've been unable to reach him for comment and it's not known if he has legal representation. None of the other children on the bus were involved in the confrontation, but the 13 and 15-year-old brothers are charged with felonies. The boys' defense attorney says that doesn't add up.
[Russell Kirshy, Attorney For Boys In Bus Fight:] It's just it's despicable. It's crazy, that they would be charged with felonies and the bus driver would be charged with a misdemeanor.
[Dorsey:] Charlotte County Sheriff's officials say that in Florida, it's an automatic felony for a student to strike a school official. They say the charges were filed before the video became available, but that seeing it has quote "changed the thinking here." The sheriff's office says it does not have the power to change any of the charges, but the state's attorney can. The brothers have been suspended from school and will appear in front of judge on Monday. The bus driver is scheduled to appear on June 1. He has been suspended with pay and the sheriff's office says the school board will meet next week to determine his future. Sara Dorsey, CNN, Atlanta.
[Cooper:] Well, you've seen the tape. What do you think is at fault? Send us your thoughts. Go to CNN.com360, click on the "Instant Feedback" link. And we don't take sides. Every story has more than one angle, of course. We try to report them all. We wanted to speak to the bus driver; didn't get any response. Joining us from Port Charlotte, Florida, is Russell Kirshy. He's the lawyer representing the teenage brothers accused of assaulting their school bus driver. Thanks very much for being with us, Russell. Do your clients, these two brothers, accept any responsibility for what happened?
[Kirshy:] Well, obviously they have indicated that some of their behavior that day on the bus wasn't entirely appropriate. But in the end, the fact of the matter is Mark was violently attacked by the bus driver prior to them doing anything that was illegal. And therefore, he holds the majority of the culpability.
[Cooper:] Let's look at the law. The Charlotte County Sheriff's Office said a battery charge is elevated to a felony charge when the victim is either and I quote "someone who is pregnant, a law enforcement officer, a person older than 65 years of age, or any employee of a school district." Based on that law, why shouldn't your clients be charged with a felony?
[Kirshy:] Well, I'll tell you why, because they didn't commit a crime. With regard to Corey, he didn't commit a crime because he never touched the bus driver. And that was confirmed in court today by some testimony of one of the eyewitnesses. With regard to Mark, the reason why he shouldn't be charged with a crime is because he was defending himself. And in Florida, you are allowed to defend yourself when somebody is attacking you, and you are allowed to use whatever reasonable means are necessary to escape from that attack.
[Cooper:] You were in court today to try to get the kids released from home detention. What's the status of that?
[Kirshy:] The motion with regard to Corey was granted. He's been released from home detention. Unfortunately, the motion with regard to Mr. with regard to Mark has not been granted. That was denied today.
[Cooper:] Mark is the 15-year-old?
[Kirshy:] At this point it would just be that's correct. And we'll just be waiting for the state attorney's office to make a decision about whether they are going to file charges at this point.
[Cooper:] Now, this misdemeanor charge which is against the bus driver, I mean, what do you want to have happen to the bus driver? Is the misdemeanor enough? Do you want a felony charge?
[Kirshy:] Well, it's one of those things where we really don't know anything about the bus driver. And so to make a judgment about what would be an appropriate sentence against him really is kind of premature. We really need to know what was going on with him. And that's the reason why he'll get counsel, and they will present those things to court in due time. At that point, I think the family will be able to make a much more informed decision about what should be an appropriate penalty.
[Cooper:] Russell, we'll continue to follow this story. Appreciate you joining us. We have some breaking news to report.
[Kirshy:] Thank you.
[Cooper:] We're hearing of a development in the filibusterjudicial nominee standoff we've been talking about. Let's go live to Washington, to CNN congressional correspondent Joe Johns. Joe, what's happening?
[Joe Johns, Cnn Congressional Correspondent:] Anderson, a bipartisan group of senators that has been meeting feverishly over the last several days to try to come to some agreement to avoid a showdown on the Senate floor on the issue of the filibuster, we're told now by two congressional sources who are aides, that a deal has been reached. Senator Joe Lieberman, speaking just moments ago to CNN congressional correspondent Ted Barrett, has said, "we're happy, we think we've done something significant." So all indications are that a deal has been reached to try to avoid a showdown on the floor of the United States Senate. At 7:30 Eastern time, we are expecting a news conference in the Capitol by all of those senators, to talk about whatever agreement they have apparently reached. No clear details on what that deal includes, of course. The question is whether the president's judicial nominations get an up-or-down vote on the Senate floor. Apparently a deal has been reached. Anderson.
[Cooper:] What are the options? I mean, if Joe Lieberman says we are happy, what are the options of what the deal could be?
[Johns:] Well, there are all kinds of different options. The key thing they have been talking about in that room is what's the line-up? Which of the president's judicial nominations might be able to get a floor vote, which might continue to be filibustered? How do the senators handle the issue of filibuster, going forward? Because one of the central issues here, of course, is the issue of a Supreme Court nominee and how that might be handled. Of course, the administration's very interested in all of this. Anderson.
[Cooper:] Joe, we are going to continue to follow this. We have to take a short break. We'll be right back and we'll bring that press conference to you live. We'll be right back.