Affidavit: Former elections administrator was a ‘bully’

Published 5:30 am Tuesday, June 8, 2021

Hernandez

Employees of former Smith County Elections Administrator Denise Hernandez, who is accused of giving workers colon cleanser they believed was an energy drink, claim she was a “bully” in several incidents, according to police documents obtained by the Tyler Morning Telegraph.

Hernandez, 54, of Athens, was booked into the Smith County Jail on June 1 on two assault charges after she turned herself into authorities. She was released on bonds totaling $20,000.



The Smith County Sheriff’s Office said two workers reported that on April 27 Hernandez placed colon cleanser in their drinks without their knowledge and without regard for “their pre-existing medical conditions,” according to the arrest affidavit.

The document stated the cleanser amplified the workers’ pre-existing medical conditions and caused them pain.

A detective contacted one of the election department workers who was having a conversation on April 27 with another employee. Hernandez left during the conversation, but she came back a short time later and handed each of the two workers a cup with a pink liquid substance that Hernandez described as a Spark energy drink, according to the affidavit.

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The affidavit stated Hernandez left again and returned to where the employees were, and she asked if they finished their drinks.

The document then said Hernandez placed a canister of colon cleanser on the counter, and she started making fun of them and singing, “You just drank colon cleanser,” in a childish manner.

The worker said Hernandez admitted she put the colon cleanser in their drinks and told them it was Spark. The worker said she was in pain and upset about the situation. When she returned to work, Hernandez continued to make fun of her by bragging to other employees, which caused the employee to be embarrassed, according to the document.

Hernandez, who was hired in late January, gave her resignation letter on May 3 and the next day she attempted to rescind the request.

In the second letter to Smith County Judge Nathaniel Moran, Hernandez said she originally wanted to quit due to a “childish incident.”

Hernandez said in her second letter to Moran that since issuing her resignation she realized her love for the job and wants to continue as elections administrator.

The Smith County Elections Commission voted to accept Hernandez’s original resignation as county elections administrator on May 6 and denied her later statement rescinding the request.

On May 6, Hernandez declined to comment to the Tyler Morning Telegraph concerning the commission’s decision.

The board then approved offering Michelle Allcon the role of interim Smith County elections administrator while the county searches for a permanent hire. Allcon is currently the elections coordinator for Erath County, which is west of Dallas and has Stephenville as a county seat.

The elections worker said she was afraid to say anything because Hernandez “was a bully and she did not want to lose her job.” She added she wanted to file charges against Hernandez, the affidavit read.

The other employee who drank the colon cleanser said she wanted to file charges and Hernandez “finds it funny to pick on (employees) at work” and there were previous incidents, where she would poke her breast or make fun of her, according to the document.

Two other Smith County employees said they heard Hernandez talk about putting the substance in the drinks and bragging about the incident. These workers called Hernandez “head strong” and agreed that she was a bully, the affidavit said.