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HERCULES, CA, February 10, 2014 ( – Jewlyes Gutierrez, the 16-year old transgendered boy who was charged with battery after a fight in November 2013, has been sentenced to participate in a restorative justice program. Gutierrez has been ordered to return to Judge Thomas Maddock's court in May.

Gutierrez will participate in the criminal justice program and receive alternative treatment, including counseling, mediation and conflict resolution. Once the program is completed, all charges will be dropped. The agreement was worked out as part of a plea deal.

While all students were originally suspended after the fight, charges were filed by the girl Gutierrez struck. Gutierrez and his sister claim he faced harassment, including being spat on, for several months despite Gutierrez going to school officials. He admits to throwing the first strike in the fight, but says he struck the girl who filed charges after she threw gum at him.


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Police and school officials eventually concluded that no “hate crime” was committed, and that the conflict focused around more traditional teenage issues such as friendship.

The fight, which was caught on a cell phone, became a national rallying cry for transgender rights organizations. Transgender Law Center and RYSE Center backed Gutierrez, as did the Gay Lesbian Straight Education Network, and over 200,000 people signed a petition asking for charges to be dropped.

The video shows Gutierrez running from the three girls who ended up in the fight. One of the girls is on the ground. All three ended up catching up to Gutierrez and pulling his hair before the altercation ended.