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Teen Faces Expulsion and Felony For Loaning Girlfriend Medicine
KTRK ABC-13 ^ | 10-8-03 | Chris Adams

Posted on 10/09/2003 5:43:19 PM PDT by 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.


TOPICS: Constitution/Conservatism; Crime/Corruption; News/Current Events; US: Texas
KEYWORDS: asthma; zerotolerance
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1 posted on 10/09/2003 5:43:19 PM PDT by dogbyte12
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To: dogbyte12
Whatever happened to basic common sense?
2 posted on 10/09/2003 5:48:09 PM PDT by SolutionsOnly
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3 posted on 10/09/2003 5:48:26 PM PDT by Support Free Republic (Your support keeps Free Republic going strong!)
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To: dogbyte12
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.

Translation: They care more about hanging on to their taxpayer funded jobs than doing the right thing. And they're willing to expel a perfectly-innocent kid for the sake of avoiding risks to their public trough jobs.

4 posted on 10/09/2003 5:51:09 PM PDT by Dr. Frank fan
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To: SolutionsOnly
If you want common sense, ask for a jury trial.
5 posted on 10/09/2003 5:51:54 PM PDT by proxy_user
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To: dogbyte12
...now IF he had put the inhaler inside a condom...

Common sense has completely left the building.

6 posted on 10/09/2003 5:55:25 PM PDT by small voice in the wilderness
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To: SolutionsOnly
Whatever happened to basic common sense?

Federal Statue PC # 391.23 sub chapter 672.14 excluding all of 245.74 and subpart B and C of 358.98 was passed into law prohibiting any and all common sense.

245.74 and subpart B and C of 358.98 applies only to your local Congressional representative who belong to the Democratic party

I'm surprised you didn't know !!!

7 posted on 10/09/2003 5:58:25 PM PDT by JZoback
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To: dogbyte12
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...
8 posted on 10/09/2003 5:59:10 PM PDT by Senator Pardek
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To: JZoback; dogbyte12; SolutionsOnly
Unfortunately Common Sense has gone before.

www.freerepublic.com/focus/f-news/971518/posts
9 posted on 10/09/2003 6:01:23 PM PDT by jocon307 (GO RUSH GO)
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To: Senator Pardek
Last I checked, saving someone's life was a legitimate defense for acts otherwise against the law.

10 posted on 10/09/2003 6:03:45 PM PDT by Celtjew Libertarian (Shake Hands with the Serpent: Poetry by Charles Lipsig aka Celtjew http://books.lulu.com/lipsig)
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To: dogbyte12
This is completely insane
no common sense to the law ,the idiot nurse, the cops ,the DA
By the grace of God perhaps a judge will common decency will throw this out
I doubt it..as they seem to be rare these days
But to punish a young man who merely opted to help his friend -out of compassion for her suffering-?
What a crock....
11 posted on 10/09/2003 6:03:54 PM PDT by joesnuffy (Moderate Islam Is For Dilettantes)
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To: Celtjew Libertarian
Exactly. What's the crime? And I checked, asthma inhalers are not against any law I know of.
12 posted on 10/09/2003 6:05:07 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: JZoback; SolutionsOnly
To quote Voltaire, "Common sense is not so common".


Ain't it the truth now...
13 posted on 10/09/2003 6:06:41 PM PDT by 4mycountry (magni nominis umbra)
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To: dogbyte12
Unbefrickinlievable!! Had it been a severe reaction, I wonder what the reaction of the school would have been had she died and the BF hadn't share his inhaler?
14 posted on 10/09/2003 6:08:05 PM PDT by ALASKA (That's my own personal, correct opinion and I'm going with it!)
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To: Senator Pardek
You're joking right? Did you read the article?
15 posted on 10/09/2003 6:08:14 PM PDT by ladylib
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To: Senator Pardek
is there something WRONG with you?

hopefully YOUR "filthy runt" won't have an asthma attack with no one lifting a finger to help (while the "drug-addled teenage junkie" is peddling his junk to other kids).
16 posted on 10/09/2003 6:13:50 PM PDT by solitas
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To: Celtjew Libertarian
Hope the kid gets a jury trial. I can't imagine a jury convicting him.

THE LAW IS AN ASS.

At least it is in this instance.
17 posted on 10/09/2003 6:14:50 PM PDT by ladylib
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To: dogbyte12
"Loan" (and therefore, "Loaning") is not a verb. "Loan" is a noun. The correct verb form is "Lend". Make a note of it.
18 posted on 10/09/2003 6:16:53 PM PDT by Renfield
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To: dogbyte12
The nurse picked up the phone to call the cops but what did she do for the girl?

I hope that comes out in the trial.

I hope the trial brings the fact home to parents that public school officials don't give a rat's patoot about their kids. All they care about is covering their butts.
19 posted on 10/09/2003 6:18:08 PM PDT by ladylib
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To: dogbyte12
The parents should leave the state today and never look back (for the kid's sake).
20 posted on 10/09/2003 6:18:54 PM PDT by microgood (They will all die......most of them.)
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To: Senator Pardek
You forgot the </sarcasm>
21 posted on 10/09/2003 6:26:49 PM PDT by jjm2111
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To: dogbyte12
The war on drugs has turned into a war on sanity.

22 posted on 10/09/2003 6:31:16 PM PDT by F.J. Mitchell (When the law of survival has been rescinded,all other laws are meaningless!)
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To: Senator Pardek
You feeling ok tonight, Pardek, or did you forget the sarcasm tag?
23 posted on 10/09/2003 6:32:00 PM PDT by Orangedog (Soccer-Moms are the biggest threat to your freedoms and the republic !)
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To: dogbyte12
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."

Translation: I'm a p*ssy.
24 posted on 10/09/2003 6:34:21 PM PDT by jjm2111
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To: Senator Pardek
"I wonder what other junk these filthy runts are inhaling..."

The worst thing they are inhaling is the exhaled breath of those ate up with the dumb @$$ aleged to be educators. Let's just hope it isn't contageous.
25 posted on 10/09/2003 6:36:42 PM PDT by F.J. Mitchell (When the law of survival has been rescinded,all other laws are meaningless!)
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To: Senator Pardek
I wonder what other junk these filthy runts were inhaling...

Given that I've misposted myself, on multiple occaisions, and have wound up looking foolish, if not demented... was there a "/sarcasm" tag missing?

rgds,
4.2"

26 posted on 10/09/2003 6:38:35 PM PDT by fourdeuce82d
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To: Orangedog
I think the Senator assumed the tag was not neccessary in this instance.
27 posted on 10/09/2003 6:38:52 PM PDT by F.J. Mitchell (When the law of survival has been rescinded,all other laws are meaningless!)
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To: jjm2111
Been watching this all day. I'm impressed that this is the logical extension of having "lawed" ourselves into a corner. The greatest beneficiaries to this kind of crap are our public shhool administrators who are now relieved by legislation from thinking either logically or with any degree of wisdom. They only have to stand there with mouths agape and mumble. It's perfectly safe but unfortunately contagious.
28 posted on 10/09/2003 6:41:04 PM PDT by Adrastus
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To: jjm2111
Better the kid die than have an allergic reaction to borrowed medication. How can our normal children gain anything useful from being tutored by idiots all day?
29 posted on 10/09/2003 6:42:36 PM PDT by F.J. Mitchell (When the law of survival has been rescinded,all other laws are meaningless!)
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To: dogbyte12
Unbelievable.

This country is screwed.

Oh well. At least it was nice for awhile. I pity those kids that will grow up in a country that sucks.

30 posted on 10/09/2003 6:42:43 PM PDT by Mulder (Fight the future)
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To: Adrastus
This is what lawyers have done to this country. It's unfortunate, but schools now have to have their own legal department for risk assessment. As the principal said, it would only take an adverse reaction and the school ends up in court. Stupid, yes...unfortunately it's the reality of our letigous society. I think it's time to take Shakespear up on his call to arms:)
31 posted on 10/09/2003 6:49:42 PM PDT by cwb
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To: goldstategop
And I checked, asthma inhalers are not against any law I know of.

They are considered "drugs" by almost all school systems.

This is really sad, since he knew the girl, and knew her problem and that they both used the same medicine.

Girls cannot carry pamperin for cramps, etc, either.
The "no drugs" policy has gone way over tilt. IMO.
32 posted on 10/09/2003 6:55:41 PM PDT by ridesthemiles (ridesthemiles)
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To: SolutionsOnly
Zero tolerance = zero common sense.

Michelle
33 posted on 10/09/2003 6:55:50 PM PDT by sunryse
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To: SolutionsOnly
Zero tolerance = zero common sense.

Michelle
34 posted on 10/09/2003 6:55:56 PM PDT by sunryse
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To: Senator Pardek
You obviously have no idea what Albuterol is, and probably have never experienced asthma. Albuterol is a very safe but effective drug. If a kid were to take it without needing it, he would get an increased heart rate and possibly tremors that lasts an hour or two. It's definitely non-addictive, and does not alter consciousness. Therefore, I can't forsee there being a black market for Albuterol.

For those who DO need it, it is life-saving medication. It will open up the bronchial airways that tighten up during an asthma attack. If an asthmatic were to not take Albuterol during an acute episode, they could possibly have their airways close off, leading to respiratory failure, full cardiac arrest, and then death. Instead of looking at everything as black and white, I think that there are times when common sense should be introduced into the equation. The boy who loaned the med should be COMMENDED, not punished, because he potentially saved her life. Doesn't that count for anything?

35 posted on 10/09/2003 7:02:57 PM PDT by Born Conservative ("Forgive your enemies, but never forget their names" - John F. Kennedy)
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To: ridesthemiles
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. Zero tolerance is simply a facile slogan bureaucrats have invented so they don't have to make sound decisions.
36 posted on 10/09/2003 7:05:53 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: Born Conservative
If you try to save a girlfriend, you are in a heap of trouble. Never mind if she considers what you did sweet. See, the law is the law...
37 posted on 10/09/2003 7:07:14 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: SolutionsOnly
"Her face was turning a little reddish-pink and she looked pale, as far as I could see. I loaned her my inhaler."

I hope Brandon takes whatever they throw at him with head held high. He did the right thing. It was his girlfriend; both knew an asthma attack was in progress; Albuterol is a lifesaver in a situation like that. QED.

38 posted on 10/09/2003 7:10:50 PM PDT by Snake65 (Osama Bin Decomposing)
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To: Mulder
I pity those kids that will grow up in a country that sucks.

This is just plain evil. Some profoundly evil people are setting up an evil system that is enabled by stupid or lazy people who just want to "follow orders." This has happened before. The problem is that there is no Hitler that freedom-loving people can eliminate -- now we have hundreds of thousands of little Hitlers everywhere among us.

39 posted on 10/09/2003 7:14:24 PM PDT by Wilhelm Tell (Lurking since 1997!)
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To: dogbyte12
"Would they rather have had her die than my son to help her?"

Yes, they would. Absolutely incredible. Every day I am more grateful that I graduated high school just before this colossal idiocy started.

40 posted on 10/09/2003 7:14:25 PM PDT by ThinkDifferent
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To: goldstategop
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.

41 posted on 10/09/2003 7:16:28 PM PDT by John H K
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To: ThinkDifferent
Liberals are such sticklers for compassion. As long as its compassion dispensed by bureaucrats.
42 posted on 10/09/2003 7:16:35 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: John H K
Strictly speaking you're right. But most people consider the entire picture not just the law, to determine the difference between right and wrong.
43 posted on 10/09/2003 7:18:14 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: dogbyte12
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.

44 posted on 10/09/2003 7:20:02 PM PDT by ThinkDifferent
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To: goldstategop
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.

45 posted on 10/09/2003 7:20:28 PM PDT by Snake65 (Osama Bin Decomposing)
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To: dogbyte12
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.
46 posted on 10/09/2003 7:21:29 PM PDT by Libertina (God Bless our proud troops and support their families!)
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To: dogbyte12
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."
47 posted on 10/09/2003 7:27:26 PM PDT by chuknospam
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To: Senator Pardek
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.

48 posted on 10/09/2003 7:45:16 PM PDT by vikzilla
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To: SolutionsOnly
Like prayers, and the pledge of allegiance, common sense is no longer allowed in public schools.
It might warp the minds of the children.
49 posted on 10/09/2003 7:56:18 PM PDT by sarasmom (Pray for Terri Schiavo..Sentenced to be executed by starvation to begin on 10/15/03)
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To: vikzilla
I think you meant to say a "Complete Perfect F***ing Idiot".
50 posted on 10/10/2003 7:55:59 AM PDT by nanook (Thomas Jefferson had it right.)
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