aggravated battery charges. according to pinellas county school policy, the driver is not required to intervene, only to call dispatch. moody says he was too afraid to step in. >> the three boys just jumped on him and started pounding on him. and i did all i can. i was looking. it was like i was in shock. i was petrified. >> pinellas county leaves it up to the driver but counties actually forbid drivers from physically stopping fights. moody won't face charges but the 64-year-old could have done more, they said. >> there was clearly an opportunity for him to intervene and or check on the welfare of the child in this case. and he didn't make any effort to do so. >> while his attorney says that was not an pgs 0, moody says he's haunted by the attack wondering if he could have done more. >> i wanted to help him so bad. i wanted to help him so bad. i wanted to help him. good afternoon, everyone. i'm ashleigh banfield. nice to have you here with us.