A McDonald County teenager, referred to as V.F.S., will no longer have a conviction on his record, thanks to a decision issued Sept. 27 by the Missouri Court of Appeals for the Southern District.
VFS had been convicted of endangering the welfare of a child in the second degree after giving a fellow McDonald County High School student over-the-counter pills resulting in an overdose that sent the youngster to a hospital emergency room.
In its decision, the appellate panel said VFS had no way of knowing that the victim was less than 17 years old. "Here, the most that can be said about victim's age is that he was in high school," the opinion said. "This fact does not prove that (he) was under the age of 17. Moreover, there is absolutely no evidence indicating that VFS knew victim's age. Due to this failure of proof, the judgment must be reversed."
According to the opinion, only one witness, Assistant High School Principal Greg Leach, testified at VFS' hearing. He said "a coach told him that a student (the victim) told some girls he was under the influence of drugs, and was freaking out. Eventually, Victim told Leach VFS has given him some pills. Leach called an ambulance and the victim was taken to a hospital, the opinion said.
VFS told Leach, "Well, I gave him some--he gave me some money. I bought him some pills. I bought him Coricidin Cough & Cold and some Dramatine and he took those this morning."
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