Having ADHD is no excuse for harming someone. I think you guys are being too easy on your brother. He did something wrong (you seen the proof on tape), he needs to be punished, not babied, or he will never learn a lesson. This doesn't mean he's a really horrible person, but he needs to work on common sense & right vs. wrong. A 10th grader has no business picking on an 8th grader, or anyone for that matter. Stop making excuses for him, your family needs to let him know that he's not off the hook, & he should be in trouble at home as well (not just with the law).