Supporters outraged by DA's decision to prosecute bullied transgender girl in California

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January 13th, 2014 at 11:33PM

BY GREG HERNANDEZ
Photo courtesy of Transgender Law Center
Jewlyes Gutierrez, a transgender student from Hercules, California, faces battery charges after she was involved in a fight at school last November following what she says were days of bullying by three female classmates. The teen is not alone is thinking her being prosecuted is unfair.
As of Friday (10 January) afternoon, nearly 5,000 people had signed a Change.org petition demanding that the Contra Costa County District Attorney’s Office drop the charges against Gutierrez. ‘Just because the District Attorney’s office can prosecute something doesn’t mean they should, or that it’s in the best interest of a child and society to pursue,’ said Kaylie Simon, the public defender who is representing Gutierrez. 'If we take a step back and look at what are our community’s needs and society’s needs, it would be something much different from becoming a delinquent in the court system,’ Simon added. 'That can cause more harm than good. I also wonder what message does it send to people who bully when someone who is a victim is prosecuted?’
Senior Deputy District Attorney Daniel J. Cabral told Gay Star News he could not speak about the details of the case but said that in general, prosecutors can’t turn a blind eye when someone commits an act of violence. 'Where do you draw the line. A bat? A gun?’ Cabral said. 'The law says we have to hold all people accountable. If we pretend something didn’t happen I don’t think it would be helpful or productive.’
Transgender Law Center Legal Director Ilona Turner said that instead of filing charges against the teen, the DA’s office should instead work with the families and students involved to find an alternative means of resolving their conflict. The Center said such prosecutions can merely put the bullied transgender student in a ‘school to prison pipeline.’ Cabral said the prosecutors ‘do know the effects of bullying and we do sympathize with individuals who are bullied. On the other hand, as the District Attorney’s Office, we want to make sure the public is protected.’ He added: ‘We also want to make certain if people are bullied, the reaction is not to use violence.’