The student, who was 16 and 17, had already been a victim of another staff member, police say.
AUSTIN, Texas — Austin ISD police have charged the former band director at LBJ Early College High School with having an improper relationship with a student. That same student was already the victim of another staff member, who was previously arrested and charged, according to court documents.
Deshon Xavier Hayes, 35, has not been arrested on the felony charge, and Austin ISD police would not say when he could be taken into custody. The district fired Hayes soon after he was the target of an investigation in July 2024.
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The charge came nine days after the KVUE Defenders examined whether AISD acted quickly enough to investigate an allegation against assistant band director Rodney Childers, who was later charged with multiple crimes relating to a relationship with a 16-and-17-year old.
The district denies that it conducted a slow investigation.
Police began focusing on Hayes after Childers told investigators that Hayes gave improper rides and was in communication with students in violation of AISD policy. Based on information during the investigation, police obtained Hayes’ DNA and compared it with DNA found on the student’s underwear seized during the investigation.
Based on the results, which an affidavit said police obtained in March 2025, police issued a warrant for Hayes’ arrest.
However, the district would not say why no charges were filed in the 18 months between obtaining the DNA result and now.