UPDATE: Cheerleader who accused teammates of bullying pleads ‘not guilty’ to misdemeanor assault

Managing Editor

emergency-lightsThe handicapped San Benito High School varsity cheerleader who accused fellow members of the cheer squad of bullying and discrimination was arrested Thursday morning for misdemeanor assault, authorities with the San Benito Consolidated Independent School District Police Department reported.

According to district police, 17-year-old Alexandria Hernandez, an SBHS cheerleader with a prosthetic leg and varsity teammates’ accuser, was taken by her aunt to the San Benito Police Department where she was booked. Hernandez faces a charge of class “C” misdemeanor assault filed by 52-year-old Colleen Duncan, who’s the mother of another senior varsity cheerleader.

Hernandez, who was arraigned by Municipal Court Judge Benjamin Yudesis, entered a not guilty plea.

The charge stems from a report Duncan filed with SBCISD police alleging that Hernandez accosted the cheer mom at an Oct. 11 pep rally held inside the SBHS gymnasium. Specifically, Duncan has accused Hernandez of grabbing her by the T-shirt and, while yelling profanities at Duncan, blamed the parent’s apparel for the teen’s alleged cancer.

The T-shirt displayed a picture of 10 of the 21 varsity cheerleaders, which Hernandez and Noe Treviño, who has identified himself as the teen’s uncle and advocate, have alleged is discriminatory and a form of bullying since Hernandez was not included in the photo.

The cheerleaders and parents accused have vehemently denied the bullying and discrimination allegations, arguing that the picture expressed a message of friendship between 10 longtime friends and that Hernandez’ exclusion was not malicious in nature. Also, the picture was originally going to be featured in a full page advertisement in the SBHS football program and as a scoreboard message—all of which paid for by the parents—before district officials pulled them at Treviño’s behest.

On Wednesday, SBCISD officials released the findings of an investigation conducted by the district’s special education law firm, Austin-based Buechler and Associates, which found that the allegations of bullying and discrimination made by Treviño and Hernandez against the cheerleaders were “unsubstantiated.”

In response to requests for comment on Hernandez’ arrest, Celia Longoria, the district’s Community Relations Director, issued the following statement:

“A San Benito High School student entered a ‘not guilty’ plea after being arraigned in Judge Benjamin M. Yudesis’ municipal court this morning. Yudesis issued a warrant for the student’s arrest. The student, who has been formally charged with a ‘Class C’ misdemeanor (assault by contact), entered a ‘not guilty’ plea and was released by the judge. A hearing date is pending. The arrest warrant stems from a personal complaint filed by a parent regarding an issue unrelated to the school district.”

Interim Superintendent of Schools Alfonso Obregón said, “We just learned of the most recent development. We sympathize with all parties involved in this matter. The district will closely monitor the progress of this case.”

SBHS Principal Henry Sanchez said, “As administrators, we make every attempt to maintain a safe and orderly environment for all of our students. This particular case stems from a parent’s personal complaint, and is at this point, at the municipal court level.”

Duncan expressed a bittersweet sentiment when learning of the arrest. “I am very happy they followed up, but I feel bad for the child herself,” Duncan said about Hernandez.

“I think she needs to be held accountable, because she is now an adult and if this happens somewhere else…,” Hernandez paused, adding, “…but this is not the first time she’s done this to anybody at the school, but nobody would do anything about it. When she gets out of the school, it’s a whole different world and her uncle needs to prepare her for that.”

Treviño said he was unavailable for comment when reached by telephone.

For more on this story, pick up a copy of the Nov. 3 edition of the San Benito News, or subscribe to our E-Edition by clicking here.

Permanent link to this article: https://www.sbnewspaper.com/2013/10/31/update-cheerleader-who-accused-teammates-of-bullying-pleads-not-guilty-to-misdemeanor-assault/


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    • Shame on you on November 4, 2013 at 9:15 pm
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    Ms. Duncan,

    Please take a grammar lesson. Maybe you should work on that instead of bullying a 17 year old handicap child!

    • Amenda on November 4, 2013 at 8:35 am
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    Mrs. Duncan what were you thinking pressing charges ? You should have let this little girl get away with what she did WHY NOT she gets away with everything else doesn’t she ? It’s about time someone stood up to that girl she is mean , rude , and disrespects everyone no matter what age and expects you to allow it just because she is handicap ! SB CITIZEN Mr. Trevino and his niece need a lesson won’t you do us the honor of teaching them one or two on been good members of society and while you are at it give them a lesson on how the world doesn’t revolve around them or cater to them as they please !!!!!!

    • sb citizen on November 2, 2013 at 1:49 pm
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    Just because you have money does not mean everyone is below you. Grow up and instead of spending your time pressing charges on this poor girl go home and teach your child to be a good member of society. She obviously needs a lesson.

  1. What kind of a society will we become when we start to use the supreme laws of the United States Constitution instead of of the Holy Bible to solve societies social problems? I just pray the problem gets resolved with a positive outcome for both sides. Oh well to each his own.

    • CC Watcher on November 2, 2013 at 10:54 am
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    Duncan, you should be ashamed of yourself! Were you injured severely? Were you really offended? Or, was it your daughter that she made the allegation about? Maybe, there is some truth to the “bullying” and you are covering for them?

    • Liz on November 1, 2013 at 11:18 pm
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    Shame on all you small minded people who are fast to judge a family , have you stop to wonder why a 52 year old woman was arguing with a 17 yr old student in the first place?? Who in this picture should have walk away ? I would say the 52yr old adult! It’s hard enough to have a disability but to have to put up with teenagers bulling who are cheer team members is more than one person should have to put up with. Now you can chose to pretend that the 10 girls are not to blame and that the school is not responsible for how student act while wearing school cheer uniforms , they are supposed to represent school team spirit and if their friendship was so great then take a picture in your own clothing so no one feels left out, if you chose to wear your cheer uniform then remember that your cheer team is made up of more than 10 students.

    • Colleen Duncan on November 1, 2013 at 9:22 pm
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    I’ve,known Alex for years all she needed to do is ask to talk, I had asked to talk to her before I wore the shirt in support of,my daughter and her friends but was adviser not to since try to talk with the Uncle got me know where either. They knew that for the second time with permission for the school district we wold never wearing them. The last count I had heard was twenty had been bought. Alex performed in thr band and with the cheer leader the whole pep rally with one different she was not in front of the parents as usual. She was happy jumping around. It what felt like a spit seconds she ran over to where we were and up about five bleacher. It took help from two pepper to get me up do to my handicap she was there gabbing me by my shirt scramming using the F word and telling me my shirt had caused her cancer along with tumors and she with her fingers in my face say trying to state her constitutional right but saying the “fifth ” I told her my shirt did not cause cancer and it’s my first adminment right to ware it is and I said or do nothing elese. The mother behind me had the same shirt and she said nothing to her, my husband asked the school to please get her off my wife, Instead of the Uncle hugging her and try to get control he yelled nobody touch her. The school backed off and my husband told him he was just about there’d of him when we were escorted out. Most definitely the Uncle was making it worst on his child. I was made to leave then finding out later my daughter and the team saw it all and ask how can they sit there and let her disrespect my mother. Had this happen to any other girls she would not of cheered at the game that night and would be off the squad by the next week. Now of which happen. And mother violation of our construction is if there is a arrest there gone. They sagged the same comstution as the rest it was read word for word. It had. Nothing to do with bulling or disabliths he used that to get attiontion and try to hurt 20 girls lives. They all want to move on they no real life is around the corner and cheerleading won’t be part of it. I THANK THOSE WHO HAVE TAKEN THE TIME TO GET BOTH SIDE IF A STUDENT OE WORK AT THE SCHOOL I HOPE YOU LOOKED AND LISTENED. I’m not saying each one of these girls are perfect that would be hard nut they care about the school their constitution holds them to high standards then the student hand book. They put them out they maybe some you like some you don’t but they all hold true to what it means to be a cheerleader at SBHS. THANK YOU FOR THE HELPFUL THINGS YOU HAVE WROTE UNLIKE THOSE THAT WANT NLACK CLOUD OF SAN BENITO . LETS GET PUT THERE AND SUPPORT OUR FOOTBALL TEAM AND PLAYERS.

      • Mommyof2 on November 3, 2013 at 11:01 pm
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      Why would you have to “ask” to talk to her before wearing the shirt if all along you have been saying that the shirt wasn’t to leave her out but to support your daughter and friends?? You obviously knew that wearing that shirt would hurt her. Maybe you even felt the guilt weighing on you? What IS the real story? It just seems like there is more to this.

    • DelaSera on November 1, 2013 at 2:15 pm
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    I believe this whole matter could have been averted had the uncle intervened when the alleged assault occured. Had he just told his neice don’t do that. I believe Mrs Duncan would have been satisfied. But it appears this young lady is just allowed to do anything and no supervision, She is not told what is right and what is wrong. IMHO.

    • Unavailable on November 1, 2013 at 8:13 am
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    Mr. Trevino sure did make himself available to Action4News and the Valley Morning Star.

    • STRESSED on November 1, 2013 at 8:04 am
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    “It’s ridiculous,” Noe Treviño said of the charge. “(Duncan) provoked Alex. She was determined to push Alexandria’s button.”
    (Valley Morning Star)

    “I am so stressed. The shirt you are wearing just completely stresses me out. It pushes my buttons. I can’t stand it anymore. The shirt you are wearing Mr. Trevino in that VMS photo posted on their website is just too much for me. So if I go looking for you or run into you somewhere and assault you, the way your niece did, please take no offense or action against it.” (something a random reader/viewer might say of 17 years of age or greater)


    They should call CPS and give this child better family / adult supervision. Her parents doesn’t appear to be doing so and clearly you aren’t either Mr. Trevino.

    Go rob a bank, go shoot someone, blame it on the stress, blame it on a disability, blame it on a shirt.

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