Teen arrested after teacher sickened by his asthma medicine

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[chance33_98]

Teen arrested after teacher sickened by his asthma medicine

ABC13 Eyewitness News (1/16/04 - MAGNOLIA, TX) — A bizarre story in Magnolia ends with a teenager in lock up and a teacher in the hospital. Now the boy's family is concerned he's being treated unfairly.

The boy's family says eyewitnesses actually saw the boy take a couple of puffs from his rescue inhaler for treatment of asthma, then blowing the medicine at a teacher. The family, though, says he's a good kid and the charge of using deadly force simply doesn't fit the crime.

Judy McCreary wants desperately to see her son. Sixteen-year-old Michael Todd is in custody at the Magnolia Juvenile Detention Center, arrested and accused of illegally discharging his asthma inhaler at school.

"It's absurd. It's ridiculous. It's an inhaler," said McCreary.

Todd's family says the medicine was albuterol, a drug commonly used to prevent the onset of asthma attacks.

Both the school district and Montgomery County Constable's office say the discharge of medicine was unrelated to any medical necessity, though, and resulted in health consequences for a teacher. She apparently suffered an allergic reaction and went to the emergency room.

Todd's uncle, Steve Wilson, says the school told him the teen blew the medicine toward the teacher while asking her a question. But he also says witnesses believe the incident was not intentional.

"It's possible he was playing a joke, or whatever, to see the smoke come out as he talked to her," theorized Wilson. "That's possible, that it was not malicious."

Todd's family says he's been kicked out of Magnolia High School now because of the incident. More concerning, though, they say is that he may not be released from the juvenile detention center before Tuesday.

McCreary said, "I just think it's wrong to hold him four or five days is not right. Not when he's never been in any trouble."

The state legally has two business days to hold a detention hearing in any juvenile case. Since Todd was arrested Thursday, Friday would be day one. The weekend and Monday holiday don't count, so Tuesday would be two business days, although in reality it is nearly day six.

But the juvenile department has suggested that they may hold a special Saturday hearing on this case.

[GretchenEE]

"It's possible he was playing a joke, or whatever, to see the smoke come out as he talked to her," theorized Wilson

It's not smoke. It's vapor.

These people have gone bonkers.

[Amelia]

It is the teen's call to decide to use it, not the teachers decision.

He's not being punished for using the inhaler. He apparently is being punished for blowing the vapor in the teacher's face.

There are obviously facts missing from this story. Only the student's side is given, and it's given by family members who weren't witnesses, but have an obvious bias.

Ignoring all that, do you want people coming up in your face and blowing asthma medicine, cigarette smoke, bad breath, or anything else at you?

[Amelia]

It is indeed true that most public school teachers are left-leaning liberals lacking in common sense.

It may indeed be true where you live, but it is not true where I live. Where I live, most teachers are right-leaning conservatives, and many are military wives.

[I'm ALL Right!]

What a load of bunk. I have been an asthmatic for 25 years and have NEVER seen anyone have a reaction to the albuterol before or after it went into my body! Not only that, but docs prescribe this stuff constantly for bronchitis and other upper resperatory infections. I think there is a teacher out there who would just like to pay off her student loans early."Hmmm what can I do to get some money FAST?...I know! I'll SUE someone! Anyone! For Anything!

Get that poor kid out of jail. He should sue THEM for holding him!

[Domestic Church]

I get albuteroled all the time from one of my kids;) and I have severe allergies...but it only helps mine. The idea that this boy was sent to detention which would only excerbate his asthma is the big problem here as that doesn't fit what he did. I'd sue if I were the parents and I'm not given to taking legal action but this is appalling. People use inhalers in public every day.

[independentmind]

I had a serious respiratory illness a few months ago, afterwhich the doctor put me on albuterol. I do not understand how someone could blow "vapor" into someone else's face. That seems to be the same opinion of others on this thread who have actually used an albuterol inhaler.

[Jeff Chandler]

It may indeed be true where you live, but it is not true where I live.

It is generally true nationwide. I'm glad to hear about the pockets of resistance to the socialist mindset propagated by the education establishment, but the norm is conformity.

[Jeff Chandler]

Ignoring all that, do you want people coming up in your face and blowing asthma medicine, cigarette smoke, bad breath, or anything else at you?

The kid's probably a brat, but, given the facts presented, i.e.: that he exhaled albuterol in the teacher's face, the teacher's reaction seems hysterical. Did he stab her while exhaling, or what?

The idea that a boy, even a brat, should be held in juvenile detention, where he could be beaten and raped, for such a minor infraction sounds Draconian.

[blackbart.223]

"This story seems very odd, however. I wouldn't think second-hand asthma medication would put someone in the hospital."

Or pass as a deadly weapon.

[blackbart.223]

"No, those are from the ranch style beans on the plate next to the steaks."

Or a combination of both. Damn, I'm hungry now.

[Amelia]

DC: The idea that this boy was sent to detention which would only excerbate his asthma is the big problem here as that doesn't fit what he did.

im: I do not understand how someone could blow "vapor" into someone else's face.

We don't know what actually happened. We know what the student's relatives (who weren't there and didn't witness what happened) say happened.

I've already said it sounds really odd to me. I don't know how anyone could be hospitalized from such a thing. But we're only getting one side of the story here.

[Amelia]

given the facts presented

Again, please note that the "facts" are all presented by relatives of the student, none of whom actually witnessed the event. We really don't know what happened.

[ladylib]

Well, it's agreed by all that it wasn't done maliciously, but they might charge the kid anyway:

http://www.chron.com/cs/CDA/ssistory.mpl/metropolitan/23580

[Amelia]

Your link doesn't work, and I can't find the article on the Houston Chronicle site - can't access the archives without paying. :-(

[ladylib]

Puff from inhaler lands student, 16, in county custody
By DALE LEZON
Copyright 2004 Houston Chronicle

A student at Magnolia High School is in juvenile detention, accused of harming a teacher with prescription drugs from a mouth inhaler, Montgomery County officials said.

The 16-year-old student, who has not been charged, reportedly used his albuterol inhaler and then blew what appeared to be smoke into the face of a teacher Thursday, said Bill Pattillo, chief of the juvenile division of the county attorney's office. Albuterol can be dangerous, Pattillo said.

The boy is being held at the county's juvenile detention center, Pattillo said. He is expected to have a hearing Tuesday to determine if he can be released.

The boy's family told KHOU-TV he used his inhaler in the school cafeteria and is debating whether district officials went too far in punishing him.

"Here's a kid using his medication who ended up in jail for five days. ... something, something's wrong with our system," Steven Wilson, the boy's uncle, told the station.

"It's absurd," his mother, Judy Dugan Todd, told KHOU. "It's ridiculous. It's an inhaler."

Pattillo said the boy may be charged with a felony. He is still investigating the allegations, he added.

"My office believes there is probable cause to hold him for an assault on a public servant, which is a third-degree felony," Pattillo said. The student's attorney could not be reached for comment Friday.

Pattillo said the teacher had a "physiological reaction." Her heart reportedly started racing, and she went to a doctor to get medication to slow her heart rate, he added.

The boy's family told KHOU they met with school officials who said the teacher had an allergic reaction when she inhaled some of the albuterol but that she does not blame the student.

"They all agree it was not malicious. However, she ended up still having that reaction that supposedly threatened her life, and so they charged deadly conduct ... the same charge as a handgun," Wilson said.

Albuterol can cause side effects including palpitations, a fast heart rate, elevated blood pressure, tremors and nausea. Throat irritation and nosebleeds can also occur.

"The reason one person can't give another person prescription drugs is that the drugs could seriously harm them," Pattillo said.

Officials at Magnolia Independent School District would not comment on the incident. In a written statement released Friday, the district said "a high school student has been arrested as a result of the public discharge of contents of a prescription inhaler by the student. The discharge was unrelated to any medical necessity and resulted in health consequences to a high school teacher."

The county's Precinct 5 Constable's Office acknowledged in a written statement that it is investigating the allegations.

An inhaler led to the arrest last year of a 15-year-old student at Caney Creek High School in Conroe Independent School District. The student lent his girlfriend his albuterol asthma inhaler in September. Albuterol, according to the Texas Health and Safety Code, is a dangerous drug. The state's education code states that delivery of a dangerous drug is cause for mandatory expulsion.

[Amelia]

Still a little difficult to determine what actually happened, I think. The boy's family says everyone agreed it wasn't malicious, but that's not the sense I get from the school & D.A.'s statements. Understand, they can't say much without violating the minor student's privacy rights.

I also can't tell if the teacher's reaction (heart racing, etc.) was related to the albuterol itself or perhaps stress caused by whatever the encounter with the student entailed.

Isn't the mother's name different in this article?

[ladylib]

It appears so. How difficult can it be to get a name right?

When this goes to court (criminal case or lawsuit by Mom), interested parties will find out the truth.

[blackbart.223]

"Again, please note that the "facts" are all presented by relatives of the student, none of whom actually witnessed the event. We really don't know what happened."

We don't. But assault with a deadly weapon hardly applies here. If this kid shoved a knife or a handgun at the teacher I might take this seriously.

But second hand asthma medicine?

[blackbart.223]

"Albuterol can cause side effects including palpitations, a fast heart rate, elevated blood pressure, tremors and nausea. Throat irritation and nosebleeds can also occur."

Looking at Bill and Hillary can cause the same effect. Perhaps we should lock them up.

[Amelia]

But assault with a deadly weapon hardly applies here. If this kid shoved a knife or a handgun at the teacher I might take this seriously. But second hand asthma medicine?

The only person who said the boy was charged with assault with a deadly weapon was the boy's uncle - hardly an official or unbiased source.

The district attorney said something different in LadyLib's post #75 above:

Pattillo said the boy may be charged with a felony. He is still investigating the allegations, he added.

"My office believes there is probable cause to hold him for an assault on a public servant, which is a third-degree felony," Pattillo said. The student's attorney could not be reached for comment Friday.

Like it or not, blowing in the teacher's face was a form of assault. If someone walked up to you and blew cigarette smoke, hot breath, or anything else in your face, would you feel that person was out of line?

The article also says that 'discharge of the inhaler was unrelated to any medical necessity' - in other words, the student was not using it because he was having an asthma attack.

For all I know, the teacher is being hysterical about the whole thing - my point is, we don't have the facts yet, and the account we have is biased.