HERCULES (KCBS) — The president of the West Contra Costa Unified School District’s board said he wants prosecutors to drop the criminal charge against an allegedly bullied transgender teen involved in a fight at Hercules High School.

Sixteen-year-old transgender student Jewelyes Gutierrez was the only person to face misdemeanor battery charges from the Contra Costa District Attorney’s Office for a fight that happened in November with three other girls. The incident was partly recorded on a cell phone.

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Gutierrez claims she is a victim of bullying.

“We know that incident happen and should be addressed, but is this a priority that should be for the district attorney’s office?” school board president Charles Ramsey said.

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Ramsey said that all four students were suspended and have since apologized to each other.

“There is a lot of finger pointing and blame that can go around but believe the education code and suspensions have been the appropriate response to this incident,” he said.

Twenty-five thousand people have signed an online petition asking the case be dropped, but a deputy district attorney said that the Hercules Police Department asked that the case be prosecuted and the cell phone video only shows a portion of what actually happened.

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