The assault charge against Alexandria Hernandez, a San Benito High School cheerleader who claims her squad and the school district discriminated against her because she's disabled, will be dropped if she stays out of trouble for the next 30 days.
It's part of a plea deal to avoid trial for the 17-year-old senior who's accused of attacking a squad member's mom during a pep rally last year.Rick Godinez is the student's attorney.
"This was a very unfortunate and we believe to be unnecessary charge," he said after a public hearing Friday at the San Benito Police Department. "But it had to be dealt with and we dealt with it in the best way that we felt was in her best interest, the community's interest."
But plea deal isn't sitting well with Colleen Duncan, the mother who accused the cheerleader of assault.
"She does what she wants," she told Action 4's Ryan Wolf. "She's still on the team. She got a judge to put her back on the team after she got kicked off. The kids were hoping this would be the one thing that she would have to pay for."
The accusations center around a t-shirt worn by Duncan at a pep-rally for the Greyhounds.
It featured a photo of the cheerleading squad which Hernandez claims excluded her.
"She just came up and grabbed me out of nowhere," Duncan explained about the alleged attack. "I didn't even see her coming."
Hernandez had voiced numerous discrimination and bullying concerns prior to that incident.
She felt the squad and subsequently the school district turned their back on her because of a prosthetic leg.
Duncan says it was never about that.
"She walks around, she laughs at them, she points at them, she grins," Duncan said. "She makes fun of them. She taunts them. She's the real bully in the situation and the public doesn't know that. They just know that she's crippled."
Alexandria declined to comment but her attorney feels the truth will come out.
Lawsuits are pending in both civil and federal courts.Click here to follow Ryan Wolf on Twitter