An El Paso County substitute teacher has been charged with failing to stop or report the alleged assault of a special education student after investigators said she witnessed the incident and took no action.
According to a complaint affidavit, Cecilia Rocha-Lucero, 27, faces a charge of ‘Failure to Stop or Report Sexual or Assaultive Offense Against a Child’, a state felony offense.
The complaint was filed on June 7, following an investigation by the El Paso County Sheriff’s Office.
Investigators allege the incident occurred on May 6, inside a classroom at Deanna Davenport Elementary School in Canutillo.
The classroom serves students in a self-contained behavioral unit within the school’s special education program.
According to the affidavit, surveillance video reviewed by investigators showed an interaction between a paraprofessional, identified as Josue Urrutia, and a female student diagnosed with Autism Spectrum Disorder.
Authorities allege that after a verbal exchange, Urrutia became visibly upset, approached the student, yelled at her, and forcefully swept classroom materials from her desk.
Investigators said the student and other children nearby appeared startled and recoiled during the incident.
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The affidavit states that the student repeatedly apologized while Urrutia continued yelling at her at close range.
Authorities further allege that classroom materials thrown from the desk caused the student to suffer a scratch on her arm and experience pain.
Investigators said Rocha-Lucero, who was employed as a permanent substitute teacher assigned to the classroom, maintained a direct and unobstructed view of the encounter throughout the incident.
According to the complaint, she did not intervene, remove the student from the situation, notify school administrators, contact law enforcement, or otherwise attempt to stop the alleged conduct.
The student later participated in a forensic interview regarding the incident, according to the affidavit.
Investigators also interviewed the student’s mother, who reported that her daughter disclosed being injured and frightened by the encounter.
Based on surveillance footage, witness interviews, and the overall investigation, authorities concluded there was probable cause to believe Rocha-Lucero observed conduct that could reasonably be viewed as assaultive toward a child and failed to take action required under Texas law.
Ruth Julieta Flores, 59, was a special education teacher who was also allegedly in the classroom when the incident happened.
She was charged with two counts of failure to stop or report a sexual or assaultive offense against a child.
Canutillo Independent School District officials said in a previous statement that four individuals were terminated, even though only three were reported as arrested.
Three arrested after special education staff conduct probe at Davenport Elementary
KFOX14/CBS4 is working to learn more or clarify this information.
The investigation is ongoing.
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