San Benito cheerleader faces a judge

A disabled San Benito cheerleader accused of attacking a squad member's mother faced a judge.

Alexandria Hernandez appared before a San Benito Municipal Court judge on Friday.

The San Benito Greyhounds cheerleader is charged with a Class C misdemeanor assault filed by Coleen Duncan, the mother of one her fellow cheerleaders.

It all happened at a pep rally where Duncan claims Hernandez got upset and started yelling at her and yanked her shirt.

That shirt featured a photo of the squad, where Hernandez was not included in the picture.

Hernandez's attorney, Rick Godinez, will investigate if this was a result of her disability affecting her mental state.

"I need to visit her medical providers to understand her condition to determine whether, that condition affects her cognitive ability, which prevents her from legally being responsible for this or any other crime," Godinez says.

Both attorneys agreed on focusing only on the incident at the pep rally and not prior incidents involving claims that Hernandez made of being bullied by her squad.

Duncan was not in court today for the pre-trial hearing.

However, Jose Garcia, a family friend, has been there since Hernandez came out about being bullied because of her disability and he is appalled by this entire situation.

"Being a disabled person myself, I know how hard it can be but for a child to be arrested and to be crucified the way that she is unacceptable, Garcia says. The school district itself should have known what was going on."

Both attorneys expect this matter to be resolved quickly.

"I think this is damaging to my client, damaging to the community and I know the family would like to put the entire incident behind them but we think these charges are baseless" Godinez says.

The judge decided on a trial date of January 28th of next year.