TYLER, Texas — A former Smith County elections administrator pleaded guilty and received probation Wednesday for giving her employees colon cleanser they believed was an energy drink last year.
Denise Hernandez, of Athens, entered a guilty plea to two counts of assault causing bodily injury in the Smith County Court-at-Law No. 2 Wednesday morning to receive 18 months of deferred adjudication.
Deferred adjudication is similar to probation, but it allows the person who enters a guilty or no contest plea to keep the conviction off their criminal record.
Smith County Court-at-Law No. 2 Criminal Court Coordinator Paul Clarkston said both cases were originally set for a jury trial, but the state and defense reached an agreement for a guilty plea.
Clarkston said the victim in each case approved of the agreement.
Hernandez was arrested on June 1 last year and soon after 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.
She later asked if they finished their drinks. Hernandez then 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, according to the affidavit.
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 bragged to other employees about the colon cleanser, which caused the employee to be embarrassed, according to the document.
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 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.
Hernandez, who was hired in January 2021, 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 wanted 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.
The board then approved offering Michelle Allcon the role of interim Smith County elections administrator. Allcon has since become the official position holder.
