Guatemalan National Can’t Be Held on Bail, Despite Drug Charge

A Guatemalan national was indicted for allegedly selling narcotics to an undercover officer and endangering the welfare of a child, in connection with a separate event where he allegedly provided THC gummies that caused the hospitalization of 12 William Floyd Middle School children in March.  However, because the charges were bail-ineligible, he was let go on his own recognizance.

On May 5, 2025, and May 12, 2025, Wilmer Castillo Garcia allegedly sold quantities of cocaine and marijuana to an undercover law enforcement officer.  The investigation into Castillo Garcia began after 12 students from William Floyd Middle School were brought to Peconic Bay Hospital on the same day after falling ill from consuming edible gummies containing tetrahydrocannabinol (THC). THC is a compound found in cannabis that is known for causing a high or euphoric effect and is legal to possess in New York State. Law enforcement allegedly traced the source of the gummies to an Instagram account “7k_teddy,”  which led investigators to Castillo Garcia.  

On August 14, 2025, Castillo Garcia, 22, was arraigned on the indictment before Acting Supreme Court  Justice Anthony Senft, Jr., for the following charges contained in the indictment:  

  • two counts of Criminal Sale of a Controlled Substance in the Third Degree, both Class B  felonies 
  • two counts of Criminal Possession of a Controlled Substance in the Third Degree, both Class  B felonies
  • one count of Criminal Possession of a Controlled Substance in the Seventh Degree, a Class  A misdemeanor
  • one count of Endangering the Welfare of a Child, a Class A misdemeanor

Senft ordered Castillo Garcia released on his own recognizance during the pendency of this case because his charges are considered non-bail eligible under current New York State law,  meaning prosecutors cannot ask for, and judges cannot set bail, despite the fact that the defendant is alleged to be a foreign national with connections and the ability to flee our jurisdiction to evade prosecution.  

Castillo Garcia is due back in court on September 2, 2025 and faces up to nine years in prison if convicted of the top count. 

“This is yet another example of how New York’s bail laws are broken,” said Suffolk County District Attorney Ray Tierney. “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.”