Students arrested after pot brownies sicken classmates
Felony assault in Colorado?
- Duration 4:53
- Date Dec 10, 2012
Felony assault in Colorado?
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-- -- university of -- students are under arrest after reportedly giving marijuana laced brownie is to their classmates.
And to a professor did I mention this is participating in the innocuous sounding bring food to school day.
But -- pot is now legal in Colorado feeding it to somebody up there now lets -- be a different story.
-- message is if you are going to make marijuana laced brownies or any other product that has drugs -- them.
And the other person doesn't know that's a felony.
Ricardo Cunningham is one of the suspects several of the students became sick after eating the brownie is.
The professor said -- dizzy -- -- out bad situation.
Joined now by Joey Jackson former prosecutor and -- -- A trial attorney welcome to you both good -- happy here and -- so this is a lot is.
Question they're probably gonna start rising with the legality of pot in several states Joseph week.
Are they guilty of assault.
Guilty guilty and you feel the absolutely -- why visit couple elements that have to be proven with respect of the assault market which you have to look at is the lack of consent if you could establish that someone was drug.
And you didn't have their consent as a result the -- that statute makes out assault.
Now there's also another charge -- and that is the unlawful.
Cut the unlawful consumption of a controlled substance by deception.
And as it relates to that all you have to show is that it was consumed by false pretense is when you make brownies and you don't make people all -- there.
That it contained PHC.
That is the could have been all right the substance found the marijuana it's problematic and more so than problematic mopping it is criminal.
-- what do you think well jelly you know this as well as ideas have felony -- Serious bodily injury there needed to be intended -- cries and neither was done here.
-- prank went terribly wrong.
But nobody was physically -- -- -- there is no serious physical hard.
You hate to point out that says it to people -- dizzy several of them went to the hospital eight people.
Suffered the effects this really you know I -- that pattern up it's illegal but it's obnoxious and I -- I I absolutely agree but it's not a felony level of -- Well here's the problem and you know Debra lays out the statute but the only problem is is that one of the other elements in Colorado is if you can establish the consumption without consent.
Under -- New York State you need serious physical injury that's true and on the Colorado if you do but what we're talking about drugs we're talking about giving them to people and the people don't know them.
There's a specific section and the statute that addresses this and so while it might have been a -- -- -- he may have thought it was funny.
And while I don't think he's a criminal quote unquote I do think the act itself is made out by the statute that he's gonna have some problem.
And I don't Goodell -- that much more serious and you don't know how someone's gonna react to this when you put into their -- if they've never had a euphoria.
You -- it's -- you know what kind of response could be it seems to me and you tell me -- this is an equivalent situation if you.
-- -- at a bar and someone slip something into your drink without telling you it isn't it pretty much the same.
I don't agree that this that that -- didn't -- why not legal did not have any intent to cause heart.
And what Jerry was mentioning before when you give somebody at -- -- and you need to have the intent to cause -- to be guilty of the thought here there was no intent to cause -- and I understand.
That this was a very bad idea and that they should not have given pot brownies for their -- -- -- to their classmates.
But I absolutely do not believe and I believe that their defense attorney would argue that they had no intent to cause physical hard.
Theory it's physical harm harm -- and I.
I mean -- it seemed to me I don't know what it -- intent could possibly be other than to you know.
Get a big kick out of watching the reaction after you know they bring everyone brings their food to school it's bring your food to school day.
And clearly they wanted to sit back and get a good laugh that this is the very least -- telling -- -- but it.
Backfired and a significant way in a couple of things I'd like to say the first thing as it relates as it relates to injury as we both know -- -- Debra there were people who are hospitalized here number one the professor went to the hospital number 22 students did in addition to that.
Five others was sick as it relates to the issue of intent under this statute look.
You don't need that and if you can argue that you do intend could be inferred what else would you be looking to do when you my -- a brownie with marijuana than have people consume it.
And what -- the consequence of that was you have to accept an otherwise be straddled with -- I think the defendants here ultimately have a big problem.
I predict you're gonna see more things on his lines as pop becomes legal in these days and you know is -- being used more -- and ways like best.
We're here why this kind of story ever Joey thank you have a breaking down from -- Iraq.