Posted at: 04/11/2013 12:10 PM
Updated at: 04/11/2013 12:15 PM
By: Erica Zucco, KOB Eyewitness News 4
Photo: Nick Chavez
District Court Judge Daniel Ramczyk granted a dismissal without prejudice in a criminal charge case against Rio Grande High School senior and student wrestler Nick Chavez.
Chavez was charged for an incident in February where he allegedly demanded a student’s lunch money, then slapped him after the student contested.
At the time of the incident, Chavez was suspended, but his family filed for an emergency restraining order against the suspension, contesting that the kids were just “engaging in horseplay” and that Chavez needed to attend a state wrestling tournament that weekend because it would have a big impact on his future.
The judge agreed, and lifted the suspension.
On Thursday, Chavez appeared in court but the judge said because there was no written witness list, no officer present and no alleged victim present, he decided to “dismiss without prejudice.”
The case is still viable until September 7, meaning Chavez could still possibly face the charges again.