The attorney for a Millburn High School student expelled for his alleged role in a racially tinged confrontation in the school parking lot said Tuesday evening he'll sue the school board now that the Essex County grand jury has refused to indict the student's father and older brother for their role in the alleged attack.

The Rev. Darryl George and his older son, Lamar George, 19, who are African-American, were arrested Jan. 9 for allegedly attacking an MHS student with a baseball bat. The minister has said he was coming to his son's defense after the 15-year-old was surrounded by older white students who taunted him with racial slurs.

One MHS student was injured in the attack and taken to Overlook Hospital in Summit, where he was treated and released. Police said they recovered a baseball bat at the scene.

But an Essex County grand jury, after hearing the prosecution's evidence in the case, returned a no bill Tuesday, according to NJ.com, meaning the prosecution did not present sufficient evidence to support the charges. That means Rev. George, a civil rights activist who serves as minister of the Messiah Baptist Church in Yonkers, and his son will not face charges for the incident.

Millburn school superintendent Richard Brodow said late Tuesday that he was "terribly disappointed that justice was not served," by the grand jury decision.

A spokesman for the Essex County prosecutor's office did not return a call requesting comment Tuesday evening.

But Darren del Sardo, attorney for Rev. George's 15-year-old son, says the grand jury's decision was justified, given his knowledge of the case.

Del Sardo, who represented the 15-year-old in his expulsion hearing, said his client had been harassed repeatedly by older white students. "The day before this incident, my client's life was threatened," Del Sardo said. "This is a group of white students who are 18-year-olds, 17-year-olds picking on a 15-year-old."

Del Sardo says he intends to sue the Millburn School Board over his client's expulsion. "My client was called the N-word over and over and the school never did anything about it," Del Sardo said. He said the school board should have considered an alternate school placement for the 15-year-old. "Expulsion is the last resort," he said.

Del Sardo said he also will appeal the expulsion to the New Jersey Commissioner of Education and he believes his case has been strengthened by Tuesday's grand jury decision. "He was the least culpable participant," Del Sardo said of his client. "There was no testimony that he ever had a bat in his hand."

The 15-year-old is currently facing a charge in juvenile court in connection with the incident, but Del Sardo said he could not comment on those proceedings.

According to The Item of Millburn and Short Hills, Rev. George's wife, Brenda Barnes-George, filed complaints earlier this month against several MHS students for allegedly assaulting their 15-year-old son, both on Jan. 9 and the preceding day. A hearing on those charges is set for May 5, according to The Item.