Teen arrested after teacher sickened by his asthma medicine

ktrk ^

[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.

[ladylib]

It will come out in court, one way or the other.

[blackbart.223]

"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?"

Out line perhaps, but not to the point of possibly charging them with a felony. And by the way, If someone blew smoke in my face on purpose, I would deal with said person on a personal level.

[FreedomCalls]

http://www.magnoliaisd.org/schools/mhs/staff.htm

[FreedomCalls]

MHS Administration

To reach any of the MHS Administration, simply call the school (281-356-3572) and enter in the appropriate extension.

Principal

Jeff Springer

x 106

Associate Principal

Robert Fowler

x 128

All MHS students are assigned an Assistant Principal & Counselor based on the student's last name:
			Student's Last Name Begins With:
Asst. Principal	Randy Harris	x 135	A-D		Counselor	Gerald Anderson	x 133
Asst. Principal	Mark Hibner	x 118	E-K		Counselor	Roxy Halekakis	x 123
Asst. Principal	Holly Ray	x 124	L-Q		Counselor	Wendy Koebernick	x 125
Asst. Principal	Keith Doehrmann	x 184	R-Z		Counselor	Bonnie McCoy	x 126

[Sam Cree]

"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?"

Yeah, but do you go to jail for doing those things now?

"there is probable cause to hold him for an assault on a public servant, which is a third-degree felony,"

Wondering if that means assaulting a bureaucrat is considered by the law more serious than assaulting an ordinary citizen.

Agreed that we may not have heard both sides. But as an asthmatic albuterol user, I am having a hard time seeing where the deadly assault comes in. I actually don't think those side effects are very common.

Also wondering why the kid is not out on bail.

[Amelia]

True. Wonder if we'll hear about it?

[Amelia]

And by the way, If someone blew smoke in my face on purpose, I would deal with said person on a personal level.

Really? You'd tell him he was out of line? Grab him? Punch him? Sue him? Call the cops?

Is the option you'd choose available to a female teacher in a public school?

[Amelia]

Wondering if that means assaulting a bureaucrat is considered by the law more serious than assaulting an ordinary citizen.

At least in my state, there are special penalties for assaulting a teacher now. That's because there were several instances of assault against a teacher, and the state was beginning to lose teachers in part for that reason.

I am having a hard time seeing where the deadly assault comes in.

The only person who said the student was charged with "deadly" assault was his uncle. The prosecutor said they hadn't decided what to charge the student with.

The student's actions do appear to be assault, if the story is correct.

• Law.
  1. An unlawful threat or attempt to do bodily injury to another.
  2. The act or an instance of unlawfully threatening or attempting to injure another.

I'm wondering if the teacher had a stress reaction to the situation, rather than an allergic reaction to the medication as the boy's family said.

Also wondering why the kid is not out on bail.

Apparently some bureaucratic snafu, related to the criminal justice system, not the school, in which the hearing couldn't be held before the 3 day weekend.

[Quix]

Sounds like there were some pissing contest/power issue/control issues going on there.

I agree--keep the kids out of public schools.

[Sam Cree]

"At least in my state, there are special penalties for assaulting a teacher now"

While that seems justified, either for the protection of the teachers or, less worthwhile, for the protection of the state's ability to hire them, there is not much chance that we can keep our liberties once it is accepted that we are not all equal before the law.

"The student's actions do appear to be assault, if the story is correct."

I would hope that the state will have to prove that the kid was posing a serious threat.

If they jailed every teenager that made a threatening gesture or remark, I'd guess half the student populations would be incarcerated. IMO, confinement would require something on a higher level than that. Guess we'll see, if there is a follow up article, what really happened.

Funny, for years, public schools have had the reputation of places where teacher haven't had authority to discipline disruptive students. I wonder if change is coming, and if so, is it motivated by common sense or by political correctness.

[Mo1]

How do you end up in the hospital after breathing in second hand albuterol?

I have no idea ... but I would think she would have to be pretty dang close to his face to be affected but this

[cyclotic]

In the pure interest of science, I just inhaled my Albuterol inhaler and immediately strongly exhaled onto a glass surface. There was no evidence of Albuterol powder or propellant on the glass.

I then sprayed Albuterol into my mouth without inhaling. Immediately exhaled onto glass. Surprise, no evidence of Albuterol or propellant on the glass.

This teacher is a psycho, fruitcake hypochondriac who is afraid of her students and has no business being in a position of authority over them. Release the kid and fire the teacher.

[justbreathe]

TO Eva
This is not just for you but for everyone you chooses to read it. I am a server asthmatic who is allergic to albuterol.Yet like everyone I am woundering how second hand inhaled albuterol can effect someone. The only other thing I have to say is this due to what the student did I feel that it may make it harder for other asthmatics to beable to carry the much needed inhalers with them in school. You see in 11 states students are only allowed to carry asthma and anaphylaxis meds with them. In 12 states students can only can asthma meds with them. there are 2 states that are pending. There are 24 states that do not allow students to carry any at all. They have to go to the nurses stations no matter how far they are from it. Think how hard this could be for a asthma person or someone who is haveing and anaphylaxis.Maybe he did mean it as a joke I don't know I wasn't there only he really know the answer to that question. you can look up the infor I left at www.breatherville.com under city hall. justbreathe

[Amelia]

If they jailed every teenager that made a threatening gesture or remark, I'd guess half the student populations would be incarcerated. IMO, confinement would require something on a higher level than that.

One reason I think that the original article, which quoted only family members, was very biased.

Funny, for years, public schools have had the reputation of places where teacher haven't had authority to discipline disruptive students. I wonder if change is coming, and if so, is it motivated by common sense or by political correctness.

I think to an extent there's a backlash. Schools have begun to appear to be very dangerous places, and so the public wants "something" done about the situation.

[Amelia]

This teacher is a psycho, fruitcake hypochondriac who is afraid of her students and has no business being in a position of authority over them. Release the kid and fire the teacher.

Do you think that perhaps the article, which quoted only members of the student's family (who weren't present during the incident) might be just a wee little bit biased?

Do you suppose that - just MAYBE - this article doesn't give the whole story?

[Mo1]

Yes to both questions .. that is why I'd be more interested in the type of reaction she had and how it actually happened.

[Sam Cree]

"One reason I think that the original article, which quoted only family members, was very biased."

Yes, they didn't give us the whole picture, the press rarely does, I guess.

At the junior high my kids started at, there was an actual armed policeman, not security guard, but policeman, dedicated just to that school, he was on the campus at all times the kids were. And this was in one of the better neighborhoods. That kind of thing was just not imagined when I was growing up.

[5by5]

Re:
the actions, “resulted in health consequences to a high school teacher."

Yes, it triggered a life-threatening case of hyprochondria.

This teacher is a flake.

[ladylib]

This kid is being charged with a felony:

http://abclocal.go.com/ktrk/news/020604_local_inhaler.html

If he wins, I hope he sues everyone concerned for malicious prosecution.