By Associated Press - Friday, January 29, 2016

NEW YORK (AP) - The father of a New York City middle schooler says his son was filmed brawling with another student while an after-school worker watched.

The New York Daily News reports ( ) that the video shows Marcus Cruz failing to stop the Jan. 14 fight at Middle School 53 in Queens.

The video shows a 12-year-old getting slammed to the ground.

Kevin Jones says his son received medical treatment and had to be transferred to another school due to safety concerns. He says the school never contacted him about the incident.

Jones’ lawyer says the Department of Education is responsible for Cruz’s actions.

A state spokeswoman says Cruz was not a Department of Education employee and has been fired. An investigation is underway.

Cruz couldn’t immediately be reached for comment.

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