Gummy Case Sparks Push to Toughen NY Bail Law

The case of a drug dealer who sold THC gummies that ultimately hospitalized 12 William Floyd Middle School students is prompting state lawmakers and Suffolk County officials to push for tougher bail laws when children are victims of crimes.

State Sen. Dean Murray and Assemblyman Joseph DeStefano will join Suffolk County Executive Ed Romaine, District Attorney Raymond Tierney and law enforcement officials Wednesday at William Floyd High School to announce legislation aimed at defendants accused of harming children.

The legislation, S.10679, follows the prosecution of Wilmer Castillo Garcia, 23, an illegal immigrant from Guatemala who pleaded guilty last month to selling THC gummies that eventually reached a dozen middle school students.

According to prosecutors, Garcia sold the gummies through Instagram in March 2025. All 12 students became violently ill and were transported to Peconic Bay Medical Center.

Garcia later sold cocaine and marijuana to an undercover officer, prosecutors said.

Despite those allegations, Garcia was released on his own recognizance after his August 2025 arraignment because the charges were not bail eligible under New York law.

While his case was pending, Canadian authorities apprehended Garcia at the Lewiston Bridge near Niagara Falls as he allegedly attempted to flee the United States. “Because the charges are non-bail eligible under current New York law, prosecutors could not ask for bail when the defendant was arrested, so the defendant fled to the Canadian border in an attempt to evade prosecution,” Tierney previously said.

Garcia eventually pleaded guilty to third-degree criminal sale of a controlled substance and endangering the welfare of a child.

Murray’s legislation seeks to make crimes involving physical, psychological or emotional harm to children bail eligible, giving judges greater authority when determining whether defendants accused of victimizing minors should remain behind bars while their cases proceed.

Garcia is expected to receive two years in prison when sentenced Sept. 10. ICE has lodged a detainer and is expected to take custody of him after his sentence.