1 - I don't know anything about this kid previously. If he normally is a good kid who keep this nose clean and did this in a moment of frustration, I am okay letting it go legally while penalizing him as it relates to basketball and school.
2 - I don't know what he has done since the incident. If he is feeling terrible and has apologized and done everything he can to right the situation, I am okay with no legal action being taken.
Please note, I am not okay with no consequences, but when it's a kid I am okay with delaying legal action unless a repeat offender with no remorse. I just don't know enough to say he should certainly be charged legally.