Family pushes Texas police to drop charges against disabled student

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A special-needs student has been arrested and charged after Texas police say she refused to leave her classroom.

The family wants the charges dropped. But the police chief says "no way."

LaChastity Hewitt, 18, just graduated from Bastrop High School, which sits southeast of Austin.

Back in April, Hewitt was in class when a teacher told her to stop talking, reported. When she didn't, she was told to leave at least twice. But Hewitt refused each time.

"I think one of the students had continued to talk to me when I was working and I asked can she please not talk to me," Hewitt said.

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Her teacher called the school's resource officer who's with Bastrop police. Police say Hewitt swung at the officer several times when he tried to remove her from class.

"I didn't get up so he grabbed by my shoulder real hard", she also said, "He tripped me with his foot, took me down on the ground and had his knee in my back. And I could not get down also he pulled his taser on me and he turned it on," said Hewitt.

She wasn't tasered but she did get arrested, booked in jail and charged with disorderly conduct and resisting arrest.

Hewitt is a special needs student.

Her mom, Kathryn Hewitt, says she suffers from mild mental retardation and an intellectual disability, which causes her to have behavioral problems.

"She needs help with making decisions," Kathryn Hewitt said.

Now her mom is worried these charges could ruin her daughter's future.

"It could keep her from getting into college. It could mess up her job opportunities and just moving forward with her life," said Kathryn Hewitt.

After the incident, the school district sent this letter to law enforcement hoping they'd drop the charges.

In it, they admit Hewitt has a behavioral plan that was not followed by Bastrop ISD.

They further state, if the plan was adhered to, law enforcement wouldn't have been involved.

"I don't think she should of been arrested, her rights were violated", said Kathryn Hewitt.
The district attorney did drop Hewitt's resisting arrest charge.

As far as the other charge we spoke with the police chief and he says he will not drop the charge.

He acknowledges that Hewitt has issues and challenges. But says she's disciplined herself enough to graduate high school, which he says proves she knows right from wrong. If she doesn't, he says that should be presented to the court.

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