2 CMS Students Charged with Rape

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by FOX Charlotte

Story Created: Oct 26, 2011 at 10:57 PM EDT

Story Updated: Oct 26, 2011 at 10:57 PM EDT

CHARLOTTE, N.C. -  18-year-old Bryan Hernandez and 16-year-old Nick Guillen have been behind bars since Monday.  The South Mecklenburg High School students are charged with first degree rape and sex offense.

All we can tell from public arrest records is that their alleged victim is older than 13.  We've also discovered that both teens also have ICE holds on their bonds, which means Immigration and Customs Enforcement is also investigating.

Records show this is Guillen's first run in with police.  But Hernandez has now been arrested four times since 2009, on charges that include felony larceny, felony breaking and entering, misdemeanor possession of stolen goods and possession of pot.
 
We were contacted by numerous people within the South Meck High School community who are frustrated that CMS did not notify teachers or parents about the rape charges, given the violent nature of the alleged crime.  We took that concern to CMS.  A spokesperson told us, "Those incidents didn't happen on campus and so we cant provide any information about that investigation. that is a police matter, unrelated to our district."

Another school district spokesperson reiterates that the students, like everyone, are innocent until proven guilty and deserve their due process without interference.       

School board members we talked to, including "Coach" Joe White, Trent Merchant and Eric Davis understand why people are concerned but stand behind the district's policy to not notify anyone.

Davis adds "We will follow the law and all appropriate rules to ensure the safety of our students and our schools."  Guillen is under $75,000 bond and Hernandez is under $100,000.  Neither can bond out because of that ICE hold.
 

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