Teen Faces Expulsion and Felony For Loaning Girlfriend Medicine

KTRK ABC-13 ^ | 10-8-03 | Chris Adams

[dogbyte12]

ABC13 Eyewitness News
(10/08/03 - CONROE) — There's controversy over a school's zero tolerance drug policy. Some say it's gone too far. A 15-year-old faces expulsion after giving an inhaler to his girlfriend during an asthma attack that happened at school

Boyfriend and girlfriend, 15-year-olds Brandon Kizi and Andra Ferguson are both asthma sufferers and both students at Caney Creek High School. At least, they were, until Andra began suffering an asthma attack at school.

"I couldn't breathe, and I was just very short of breath," recalled Andra. "My chest was tightened up and it was hurting."

Brandon described the incident. "Her face was turning a little reddish-pink and she looked pale, as far as I could see. I loaned her my inhaler. I walked her to the nurse's office and loaned her my inhaler."

That's when the trouble started. The school nurse called the school police, who arrested Brandon. They charged him with a felony, namely distributing a dangerous drug for loaning out his prescription inhaler. Andra's mother thinks that's wrong.

"His (inhaler) is the very same thing. And he has had my permission to give her that medication any time she forgets it," said Sandra Ferguson.

But school officials say that Brandon had been warned about loaning his inhaler, and that new state laws mean their hands are tied when it comes to zero tolerance and drugs.

Principal Greg Poole told Eyewitness News, "It's hard, it's difficult. We certainly don't look forward to expelling any kid. But then you have to consider a kid takes the medication and has an allergic reaction, and then we have to deal with that issue. So, yes, there is no discretion at this stage."

Brandon now faces mandatory expulsion from school and criminal charges in juvenile court. His mother is outraged.

Theresa Hock said, "It's so unfair. My son was helping her out. And now he's facing criminal charges. Would they rather have had her die than my son to help her?"

Brandon has a hearing on Friday to determine how long he'll be expelled for. In addition, he still has to go to juvenile court to deal with that felony charge.

[John H K]

Agreed. Why would "asthma inhalers" be placed in the same category as proscribed drugs? Presumably if its over the counter or prescription medicine, no intelligent person would have a problem.

In a very broad sense, there's little legal difference between using or posessing a prescription medication that wasn't prescribed for you and an "illegal drug."

Not supporting the above, simply pointing that out.

[goldstategop]

Liberals are such sticklers for compassion. As long as its compassion dispensed by bureaucrats.

[goldstategop]

Strictly speaking you're right. But most people consider the entire picture not just the law, to determine the difference between right and wrong.

[ThinkDifferent]

Principal Greg Poole told Eyewitness News, "It's hard, it's difficult. We certainly don't look forward to expelling any kid. But then you have to consider a kid takes the medication and has an allergic reaction, and then we have to deal with that issue. So, yes, there is no discretion at this stage."

While I'm not a fan of the war on drugs, I would immensely enjoy watching this spineless bootlicker get his door kicked in and his house and car seized by DEA agents responding to a false tip.

[Snake65]

But most people consider the entire picture not just the law, to determine the difference between right and wrong.

Just so. One of the parts of being an attourney general is deciding what to prosecute and what not to. This case screams for the latter.

[Libertina]

These people are insaen, of course, you know they are being driven that way by trail lawyers... THEY are destroying our country. Something needs to be done about out of control lawyers.

[chuknospam]

If there is anyone close to this case, please, please contact the young mans family and have their attorney review the Doctrine of Competing Harms, Doctrine of Necessity, Doctrine of two Evils as applicable in the Texas statutes. It will vindicate this young man.

Excerpt:
"By comparison, the legal defense of necessity applies more generally to breaking the law, such that one may be found justified in breaking the law in certain rare circumstances where following the law would demonstrably cause more human injury (or, perhaps, suffering) to some innocent person(s) than breaking it."

[vikzilla]

If this policy keeps some drug-addled teenage junkie from offering his wares to my kid, I'm all for it. Break the law - pay the price! I wonder what other junk these filthy runts were inhaling...

My father always said that no one is perfect. He was wrong. Your comment shows that you are a complete F***ing idiot.

[sarasmom]

Like prayers, and the pledge of allegiance, common sense is no longer allowed in public schools.
It might warp the minds of the children.

[nanook]

I think you meant to say a "Complete Perfect F***ing Idiot".

[moyden2000]

Every educrat is a Gestapo thug.

I'm so proud!