Former reality TV star says teacher's assistant pushed her son to the ground

GARNER, NC -- With his ankle sprained and possibly fractured, 13-year old Josiah McGilveary limped into the ABC News studio on Wednesday night to tell the story of his altercation with a teacher's assistant that has his mother fuming.

"I'm very protective, but I'm also fair," said Josiah's mother Elaine McGilveary.

If you recognize mom, you're right. She's better known as 'Big Juicy' on the once popular cable reality show "Lizard Lick Towing".

But Wednesday night was all about her 13-year-old and the police report she filed after what happened at East Garner Magnet Middle School in Garner, N.C.

"I wouldn't put this on anyone if I didn't believe it," McGilveary said. "I believe my son. I believe this happened because of so many problems I've had in the past with the school."

Josiah, a special education student diagnosed with ADHD and anxiety, says his teacher in the school's Behavior Support Team room had put him an adjacent room - to concentrate better.

But Josiah says when he went back to retrieve his binder, the teacher's assistant blocked the door.

"I said I just need my Trapper Keeper to do my work," the teen said. "I was trying to squeeze by and see if anybody was seeing the force he used while I tried squeezing in and that's when (the teacher's assistant) brushed me hard with his shoulder and pushed me to the ground.

"But I couldn't move. I couldn't get up. I was on the floor. They closed the door and left me out there. I was the only one out there," he said.

Alone in the hallway, Josiah says he grabbed his cell phone and called his mom.

"He's saying mom, 'I am on the floor' ... he said (his teacher) just 'pushed me,' he did what? I'm on my way," she recalled telling her son.

When we reached out to Wake County Public Schools -- they did not say Josiah had been pushed.

WCPSS spokesperson Lisa Luten said, "We are aware there was a student who fell ... And aware of the mother's allegations and we're looking into it."

McGilveary said she believes her son is one of many African-American boys treated differently because of their special education needs and punished more harshly.

"But most of the teachers now are overworked and underpaid," she said. "They're taking this out on my child."

While the school system is looking into the incident - the police department is doing the same.

The Garner Police Department told ABC News, McGilveary has filed a police report - she wants to press assault charges against the teacher's assistant.

That investigation is ongoing.