Outrage as transgender teen who fought back against female bullies is the only one to face criminal charges in schoolyard brawl

  • A California district attorney's office has charged a 16-year-old transgender Jewlyes Gutierrez with misdemeanor battery
  • Gutierrez was charged for her part in a schoolyard brawl late last year
  • The other girls have not been charged
  • The school suspended all four girls involved and held meetings to address the fight and bullying in general
  • School district president Charles Ramsay says he doesn't know why the DA has chosen to involve itself in the issue
  • The brawl was caught on camera in the schoolyard
  • According to reports, the transgender teen was a victim of ongoing bullying

A 16-year-old transgender teen who claims fellow students at her California high school bullied her for years is the only student to have been charged after a schoolyard brawl that was caught on camera.

Family and friends of Jewlyes Gutierrez, 16, have launched a petition asking the Contra Costa County district attorney to drop a misdemeanor battery charge against her.

The November 13 fight was caught on camera and went viral after being posted to YouTube.

Bullied: Transgender teen Jewlyes Gutierrez says she 'snapped' after being bullied for years by girls at her school

Bullied: Transgender teen Jewlyes Gutierrez says she 'snapped' after being bullied for years by girls at her school

'It sucks': Gutierrez says she's upset by the district attorney's decision to charge her

'It sucks': Gutierrez says she's upset by the district attorney's decision to charge her

Write caption here


transgender teen
transgender teen

Chase: According to police, the transgender girl (left) hit another girl, who chased her and began a brawl (right)

The cell phone video shows four girls screaming, hitting and pulling each other's hair.

The brawl was allegedly sparked by cruel taunting and bullying by Gutierrez's classmates.

The teen's sister Valerie Poquiz wrote on her Change.org petition that Gutierrez's gender identity has made her a 'victim of taunting, harassment, and bullying by her peers.'

After repeated episodes of bullying, writes Poquiz, Gutierrez went to the assistant principal in fear for her safety, but no action was taken.

On November 13, the teenager was 'pushed over the edge.'

'Out of fear of physical violence, Jewlyes finally stood up for herself. Several girls who were tormenting my sister then physically attacked her,' she wrote.

transgender teen
Unfair fight: Two girls can be seen pulling the hair and hitting the transgender girl

Playground fight: The school district will meet to discuss the fight and bullying among students

The criminal charge comes after the school district thought the matter had been settled.

All four girls involved in the fight were suspended and the school district held special meetings to discuss anti-bullying policies.

Gutierrez spoke at one meeting of the West Contra Cost Unified School Board focused on bullying and sexual harassment in early December.

'People who are different, I feel, should stand up for themselves,' Gutierrez said, according to KTVU.

Gutierrez said the fight she was involved in came after a protracted period of bullying.

'I was just kinda like, enough is enough. Because you can stretch a rubber band so far and then it will just snap,' she said.

Sophomore: Gutierrez is a student at Hercules Middle High School where she has faced bullying because of her gender identity

Sophomore: Gutierrez is a student at Hercules Middle High School where she has faced bullying because of her gender identity

Bullying: The fight was reportedly sparked by ongoing harassment against a 16-year-old transgender student by a group of girls

Bullying: The fight was reportedly sparked by ongoing harassment against a 16-year-old transgender student by a group of girls

Unfair fight: Two girls can be seen pulling the hair and hitting the transgender girl

Unfair fight: Two girls can be seen pulling the hair and hitting the transgender girl

School board president Charles Ramsey told KTVU he doesn't know why the district attorney's office has chosen to step in.

'If a crime happens, a crime happens but, I’d like to have a better understanding of the rationale and motivation behind it and sort of learn why this is not a punishment enough, especially when the child expresses a position that they had been bullied,' he said.

Gutierrez's public defender Kaylie Simon was also surprised by the charges.

'I don’t understand quite why the district attorney’s office would prosecute someone who’s already been a victim of bullying. I think it’s a further victimization of someone who’s been a target,' she said.

Prosecutors have not explained why Gutierrez is being charged.

'I cannot discuss anything about any juvenile matter without a court order,' Deputy District Attorney Dan Cabral said.

Gutierrez is due in court February 5th for a pre-trial conference where it's hoped the charges against her will be dropped.

'It sucks,' Gutierrez told KBCW. 'I really want … like, the charges against me to be dropped.'

So far, 1,121 people have signed the Change.org petition.

 

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