DELTONA, Fla. -- A Volusia County middle school student says bullying at his school is out of control and he's a victim. The State Attorney's Office is now considering formal charges against three teenagers accused of bullying the boy.

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The victim and the accused are all 8th graders at Galaxy Middle School in Deltona. Those accused of acting like bullies could soon face simple battery charges for what Eli Jernigan says they did to him.

The Department of Juvenile Justice already recommended the state attorney move forward with charges against one child. The case of the other two children accused of simple battery is still being analyzed.

"If I do defend myself, I get in trouble. If not, I get bullied. I'm in a hard position I can't get out of," Jernigan said.

Jernigan says he's gotten pushed around long enough. Now the kids accused of hitting him and shoving him could be formally charged by the state attorney.

"They came up, grabbed shorts and shove it over my head," Jernigan explained.

In another case, a kid hit him repeatedly.

"He hit me in the back several times," Jernigan said.

Jernigan's parents said the incident was even caught on tape. The Volusia County School Board would not release the tape from an in school camera and told Jernigan's parents the same thing. But, they did let the parents at least see the tape

The 8th grader in the tape, whose name Channel 9 will not reveal, was listed in the report. The Department of Juvenile Justice "made a recommendation to the state attorney that the juvenile be held responsible" and follow a plan "supervised by the teen court program."

Then there's the case of two other 8th graders Jernigan said repeatedly hit him, kicked him and harassed him. Documents from the Department of Juvenile Justice say "a police report from the Volusia County Sheriff's Office charged the juvenile (with simple battery)." Now they are looking into what kind of recommendation they'll make to the state attorney to move forward with formal charges.

Jernigan is autistic, so his family says that's why he is picked on. He was even bullied by a substitute teacher at the school. According to a document, that substitute, Robert Reid, was charged with battery.

The school principal did not return calls to Channel 9.