A driving instructor is banned from all Bernalillo Public Schools property and his contract with the district has been terminated after two law enforcement investigations, and an internal school investigation into an encounter he had with a female student.

Eddie Torres is not facing criminal charges. A New Mexico State Police investigation into his actions on Valentine’s Day at Bernalillo High School is under review by the district attorney’s office.

THE ALLEGATIONS

An internal Bernalillo Public Schools investigation revealed a female student felt “sexually uncomfortable” after Torres used her own massage gun on her lower body on Feb. 14. According to the student’s statement, she was experiencing leg cramps and asked for Athletic Trainer Julian Lucero to massage her legs. According to the student’s statement, Melissa Aguilar, overseeing the gym class, told the student Lucero could not massage her legs because he was busy.

The student’s statement said Aguilar, “insisted on calling Coach Torres,” who had given the same student a massage in the gym the day before.

Aguilar told New Mexico State Police she is cousins with Torres.

According to the student’s statement, Torres suggested they go to the new weight room and when the student realized they were going to be alone, “I started feeling uncomfortable. I was wearing shorts.”

According to her statement, Torres used the massage gun on her, “pretty high to the groin,” and despite telling him, “that it doesn’t hurt in there,” Torres, “insisted the massage wasn’t done yet.” Her statement said that she, “noticed his breathing was faster than normal. I felt like he was getting excited.”

According to the school’s investigative report the student’s mother told school officials she remembers Torres comforted her daughter after a breakup and that Torres told her daughter, “she was too much of a woman for him,” and would welcome her daughter to class, “with a hug and tell her how pretty she was, every day.”

4 Investigates went to Torres’ house.

“Everything was false. All the allegations were false, and I’ve been cleared by the State Police and the Bernalillo – Town of Bernalillo Police,” Torres said.

The criminal investigation is still under review by the district attorney’s office.

When asked if Torres wanted to address the specific allegations, he said, “No, I don’t.”

TWO LAW ENFORCEMENT INVESTIGATIONS 

Bernalillo police records show they received a call for service on Feb. 15. Officer J. Thomson volunteered to take the call as the Bernalillo High School’s student resource officer. His report said it was in response to a “delayed incident,” and that student “became uncomfortable with the situation but could not describe how.” Ultimately, he found the family, “did not show that a crime had been committed.”

After reviewing the BPS internal investigation and the Bernalillo police findings, Deputy Superintendent Eric James asked New Mexico State Police to investigate. In an email 4 Investigates obtained, James said, “Local law enforcement were notified; however, I am not completely confident with the conclusions and am concerned about this incident.”

New Mexico State Police investigated the case as a potential Criminal Sexual Contact of a Minor and interviewed multiple people at Bernalillo High School and the student’s mother. They forwarded the case to the 13th Judicial District Attorney’s Office on May 10.

A spokesperson for the 13th Judicial District Attorney’s Office said, “the case is still being reviewed.”

THE CONSEQUENCES

The BPS terminated its contract with Coach Al’s Driving School and ban Torres from all BPS property after its investigation. An email 4 Investigates obtained sent to Torres said, “Bernalillo Public Schools takes the safety of our students very seriously. In light of recent violation of district boundary policies and the sexual harassment complaint received by the District, you are hereby notified that you are not to appear on any Bernalillo Public Schools property. This applies to all district properties and activities.”

Aguilar told New Mexico State Police investigators that she had been, “written up,” as a result of the BPS investigation.

According to the student’s statement, she told Aguilar, her Student Success Coach Alama Salinas, and the Athletic Trainer Julian Lucero what had happened to her.

According to the student’s statement, Lucero told her not to tell anyone, Salinas told her it was all a misunderstanding, and Aguilar didn’t believe her.

According to the BPS Investigation, neither Salinas, Lucero, nor Aguilar reported the incident to school administrators.

It was Torres who alerted the officials at the school after talking with Aguilar, his cousin, about the student’s complaint.

When 4 Investigates asked if any other school employee faced discipline for failing to report the incident, they said, “Bernalillo Public Schools does not comment on personnel matters.”

4 Investigates asked why a driving instructor had access to students outside of driving instruction. In email, they said, “Along with direct instruction, it included the need to provide driving hours for identified students throughout the day, requiring him to be on and off campus at various times.”

Coach Al’s Driving School declined to comment.