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Austin ISD teacher fired, charged for allegedly forcibly pinning 6-year-old to a wall

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Published  October 4, 2024 4:34pm CDT
Crime and Public Safety
FOX 7 Austin

Austin ISD teacher arrested and fired

An Austin ISD first-grade teacher has been charged for forcibly pinning a six-year-old to a wall with a classroom door using his full body weight, court documents say.

AUSTIN, Texas - An Austin ISD elementary school teacher has been fired and is facing a felony charge for unlawful restraint.

Travis County court documents revealed on Sept. 10, Reilly Elementary School first-grade teacher Luis Erasmo Resendiz Alvarado forcibly pinned a six-year-old student to the wall with the classroom door using his body weight, resulting in a state jail felony charge.

"Unlawful restraint is usually a misdemeanor but in certain circumstances it could be a felony if it involves a child under a certain age or a peace officer," said Austin criminal defense attorney Sam Bassett, who is not connected to this case. 

Luis Erasmo Resendiz Alvarado

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Court documents state the six-year-old told their parent about the incident after school. The child's parent then reached out to the assistant principal and submitted a report to Austin ISD police.

According to the district, the teacher was placed on administrative leave immediately. Through further investigation, the teacher allegedly admitted to his actions saying, "I kept, I kept him trapped." The incident was also caught on a hallway camera.

Alvarado was arrested on Oct. 1 and released on a $7,500 bond the same day.

"The camera footage combined with the statement of the defendant probably created a stronger case for the prosecution, and they went ahead and filed the felony charge," said Bassett.

AISD sent a letter to parents making them aware of the arrest and the decision to fire the first-grade teacher. The letter highlighted the importance of safety on campus and informed parents that the educator is being charged with unlawful restraint.

Bassett also weighed in on the possible punishment.

"They could face a maximum of two years in the state jail system. Typically, if somebody has this type of charge, and they don't have a criminal record or extensive criminal record, it is unlikely they would be sentenced to incarceration, probably a probation sentence most likely unless the defendant has a record," said Bassett.

The district does encourage families to check in with their children and says school counselors and staff are available for concerns and support.

Read the full letter from Austin ISD below:

Dear Reilly Elementary families,

Today our Austin ISD Police officers arrested Reilly Elementary School 1st grade teacher Luis Erasmo Resendiz Alvarado, on a charge of Unlawful Restraint (TX Penal Code 20.02), a State Jail Felony. Austin ISD will be pursuing termination proceedings for this employee.

When the allegation was first reported on September 11, the employee was immediately placed on administrative leave while Austin ISD Police conducted their investigation. To protect the integrity of the investigation, we are limited in what we can share about the allegations and the arrest.

The safety and well-being of your children are our highest priorities, and we have acted swiftly to address this incident. Please know that this type of behavior is absolutely unacceptable and in no way reflects the values or expectations of our district for professional and compassionate teaching. We will continue to provide the highest standard of care and oversight to ensure that our students are respected and nurtured by every member of our Austin ISD team.

We encourage families to check in with your children. School counselors and staff are available should your child have any concerns or need additional support. Please contact your principal if there is anything they or their team can do to assist you.

If you have questions or information that may be relevant to this case, please don’t hesitate to contact Austin ISD Police Department at 512-414-1703.

Thank you for your trust and continued partnership in maintaining a safe and positive learning environment for our students.

Sincerely,
Paty Rodriguez, Deputy Superintendent
Brandi Hosack, Chief Human Capital Officer