A Guatemalan foreign national accused of distributing THC-laced gummies that led to the hospitalization of 12 Long Island middle school students in March has been released without bail under New York law.
Suffolk County District Attorney Raymond Tierney announced that 22-year-old Wilmer Castillo Garcia has been charged with endangering the welfare of a child following the incident at William Floyd Middle School.
On the day of the hospitalizations, students reportedly consumed gummies infused with THC, the psychoactive compound in marijuana.
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Investigators traced the source of the gummies to an Instagram account that they linked to Castillo Garcia.
In addition to the child endangerment charge, prosecutors allege that Castillo Garcia sold both cocaine and marijuana to an undercover officer in two separate transactions.
As a result, he faces two counts of third-degree criminal sale of a controlled substance, along with other felony and misdemeanor charges.
Castillo Garcia has entered a plea of not guilty.
A Guatemalan national was released WITHOUT bail after allegedly selling THC gummies that sent 12 middle schoolers to the hospital.
22-year-old Wilmer Castillo Garcia is charged with endangering the welfare of a child and was indicted on two counts of criminal sale of a… pic.twitter.com/6uknWIFS8Q
— RedWave Press (@RedWave_Press) August 15, 2025
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Despite the seriousness of the case, Castillo Garcia was released on his own recognizance due to New York’s current bail laws.
These laws restrict when bail may be imposed, and his charges, while including four felonies and two misdemeanors, do not qualify as bail-eligible.
District Attorney Tierney criticized the law, pointing to the potential risk of allowing a foreign national facing multiple drug-related charges to be released without bail.
“This is yet another example of how New York’s bail laws are broken,” Tierney said.
“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.”
Castillo Garcia’s defense attorney, Matthew Tuohy, argued that his client is not a flight risk and emphasized that the charges do not involve violence.
“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 in a statement to Fox News Digital.
“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.”
Tuohy also highlighted Castillo Garcia’s personal background, noting that he had endured a difficult upbringing and has only recently received support from family members.
“My client has had a very, very tough upbringing. 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,” Tuohy added.
The case has raised renewed debate in Suffolk County over New York’s bail reform laws, particularly in cases involving noncitizens and drug distribution affecting minors.
Tierney and other local officials have pointed to the case as evidence that current bail laws limit prosecutors’ ability to ensure accountability and public safety.
Castillo Garcia is scheduled to return to court on September 2.
If convicted on the most serious charges, he could face a maximum sentence of up to nine years in prison.
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