The motives of two teens accused of spraying a cleaning solution in their teacher’s soda bottle should be a question for a jury to decide, according to Oconto County Circuit Court Judge Jay Conley.
Conley said he found probable cause a felony was committed by Gillett Secondary School students Hailey Brock and Gavin Gilbertson, and the case should proceed to arraignment.
“This is one of those cases in which there are competing inferences,” he said. “It’s not the court’s job at a preliminary hearing to resolve competing inferences of evidence. That is a jury question, and that jury question would be one of intent.”
Gilbertson and Brock, both 17, are charged with being party to the crime of placing foreign objects in edibles and second-degree recklessly endangering safety for allegedly putting a couple of squirts of whiteboard cleaner in the drink of Ray Johnson.
Gilbertson was 16 at the time of the incident and was initially referred to Oconto County Department of Health and Human Services juvenile authorities but was waived to adult court. Both teens made their initial appearance on Dec. 10 and are being tried together.
Gillett Police Chief Jess Keplinger, the only person to testify at the hearing, said Johnson complained that his throat and stomach were burning after taking a drink from his Mountain Dew bottle at 1:45 p.m. Oct. 20. The school nurse called for an ambulance, suspecting Johnson had been poisoned.
Classroom surveillance video led authorities to question the two students, who acknowledged they sprayed a couple of squirts of the cleaner into the soda as a prank. Johnson was treated at a local hospital and released.
At Monday’s preliminary hearing, attorneys for both teens asked Keplinger about the students’ intent.
Gilbertson’s attorney, Aaron Krzewinski, read from Keplinger’s police report stating the solution wasn’t a caustic material, and only a small amount was added to the soda. Exactly how much spray was added is not known. The soda was not tested or kept as evidence because Keplinger was told by the crime lab there was no way to determine the amount of the cleaning chemical present.
Keplinger said both students, in interviews at the school on Oct. 20, indicated Brock squirted the spray into the bottle. Keplinger also smelled the bottle’s contents, which he said had an odor of cleaning ammonia or smelling salts.
While Brock is being charged for allegedly squirting the spray into the bottle, Gilbertson is named as party to the crime for reportedly opening the bottle for Brock and replacing the lid afterward.
Robert Mraz, Oconto County assistant district attorney, entered one piece of evidence at the preliminary hearing, a materials safety data sheet that included several warnings about the spray. Among other dangers, it stated the cleaner should not be ingested, and individuals should get prompt medical attention if it’s swallowed.
Responding to a question by Brock’s attorney, Kevin Musolf, Keplinger said the students never indicated they knew the chemical was hazardous or harmful if ingested.
If convicted of placing foreign objects in edibles, the students face maximum penalties of three years, six months in prison and a fine of $10,000. The recklessly endangering safety charge carries a maximum penalty of 10 years in prison and a fine of $25,000.
The teens will return to court on Feb. 11 for an arraignment.
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