Judge dismisses bullying case against state wrestling champ

Posted at: 04/11/2013 5:51 PM
By: Jill Galus, KOB Eyewitness News 4

KOB Eyewitness News 4 was there as state champion wrestler Nick Chavez was nearly booed off the mat. The senior was facing charges for bullying a classmate at Rio Grande High School. And that unhappy crowd would have likely booed again Thursday morning, knowing what a judge decided in court.

With no alleged victim, officers and or witnesses present, Nick Chavez was basically the only one who showed up for Thursday's hearing. Because of that, it seemed the judge really had no option other than to dismiss the case, which is exactly what he did.
 
The Bernalillo County Sheriff's Office told KOB 4 the deputy handling the case never received a subpoena telling him he needed to show up in court Thursday. A department spokeperson said the deputy will refile the charges against Chavez.
 
Chavez is a state champion wrestler, but ask Albuquerque Public Schools and they will clarify that he won the title at a tournament he was not even supposed to compete in.
 
Accused of taking another student's money, knocking down his lunch try and slapping him, the allegations against Chavez in February were enough to get him suspended from Rio Grande High School for three days. This was a punishment that also barred him from competing in the championship.  
 
But at the time, a district judge stepped in and ruled otherwise, mandating the school district go back and interview all witnesses before issuing a suspension, which was enough of a loophole that allowed Chavez to wrestle.
 
But the school district is not letting the issue go just get.  District officials said it was wrong for the court to intervene in their disciplinary decision, and because of that, they are moving forward with an injunction hearing. That hearing has not yet been scheduled.