A Guatemalan national was released on his own recognizance Thursday after allegedly selling tetrahydrocannabinol (THC) gummies that caused the hospitalization of a dozen New York middle-schoolers in March.
Wilmer Castillo Garcia, 22, is accused of endangering the welfare of a child after 12 students from William Floyd Middle School were brought to Peconic Bay Hospital on the same day, according to Suffolk County District Attorney Raymond Tierney.
The children became ill after eating gummies laced with THC, a compound found in cannabis that is known for causing a high or euphoric effect.
The candies were traced to an Instagram account, which led investigators to Castillo Garcia, Tierney said.
Castillo Garcia was also indicted on two counts of criminal sale of a controlled substance in the third degree, and other related charges, after he allegedly sold cocaine and marijuana to an undercover officer on two separate occasions.
He pleaded not guilty.
Defense attorney Matthew Tuohy, who is representing Castillo Garcia, told Fox News Digital they are working with the district attorney’s office to come up with a resolution to the case.
“My client has had a very, very tough upbringing,” Tuohy said. “He’s basically been on his own. He has family here now that is helping him, and I’m trying to get him on the right path to resolve this the best way we can.”
Though Castillo Garcia is charged with a total of four felonies and two misdemeanors, Judge Anthony Senft Jr. ordered him to be released on his own recognizance, as his charges are considered non-bail-eligible under current New York state law.
“This is yet another example of how New York’s bail laws are broken,” Tierney wrote in a statement.
“We cannot even ask for reasonable security on a foreign national who allegedly provided THC gummies that sickened middle-schoolers to ensure he faces justice.”
Prosecutors cannot ask for bail, and judges are unable to set an amount, despite the fact that Castillo Garcia is alleged to be a foreign national with connections and the ability to flee the jurisdiction to evade prosecution, according to Tierney.
When asked about his client’s release, Tuohy said Castillo Garcia is not a flight risk.
“He hired an attorney, he was present in court at his own volition, and he showed he’s not a risk of flight,” Tuohy said. “These are drug cases, not violent cases, so they’re not bail-eligible. At the same time, I don’t think there was an intent to harm anybody, on anybody’s part. It’s an unfortunate situation, and we’re going to do the best we can to resolve it in the best possible way.”
Castillo Garcia is due back in court Sept. 2 and faces up to nine years in prison if convicted of the top count.
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