(SUFFOLK COUNTY, N.Y.) – Suffolk County District Attorney Raymond A. Tierney today announced that Wilmer Castillo Garcia, 22, a Guatemalan National, was arrested by the Canada Border Services Agency while allegedly attempting to leave the United States after having been released without bail. Garcia had previously been indicted for Criminal Sale of a Controlled Substance in the Third Degree for allegedly selling narcotics to an undercover officer. Garcia had also been charged with Endangering the Welfare of a Child in connection with a prior incident in which he allegedly sold THC gummies that resulted in the hospitalization of more than 12 William Floyd Middle School students. Because all of the charges in the indictment are non-bail eligible under current New York State law, the court was unable to set bail at the arraignment in August 2025.
“This defendant allegedly sold drugs to an undercover officer and is also allegedly connected to the hospitalization of multiple school children. Yet, our prosecutors had no legal mechanism to ask for the court to set bail,” said District Attorney Tierney. “New York’s bail laws are still broken. Luckily, the defendant was allegedly caught while attempting to flee across the border into Canada. We thank Immigration and Customs Enforcement and the Canada Border Services Agency for ensuring this defendant will face justice for these charges.”
The investigation into Castillo Garcia began after 12 students from William Floyd Middle School were all brought to Peconic Bay Hospital on the same day after falling ill from allegedly consuming edible gummies containing tetrahydrocannabinol (THC), a compound found in cannabis. Law enforcement allegedly traced the source of the gummies to an Instagram account “7k_teddy,” which led investigators to Castillo Garcia.
Thereafter, on May 5, 2025, and May 12, 2025, Castillo Garcia allegedly sold cocaine and marijuana to an undercover law enforcement officer.
On August 14, 2025, Castillo Garcia was arraigned 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, Class B felonies;
- Two counts of Criminal Possession of a Controlled Substance in the Third Degree, Class B felonies;
- One count of Criminal Possession of a Controlled Substance in the Seventh Degree, a Class A misdemeanor; and
- One count of Endangering the Welfare of a Child, a Class A misdemeanor.
Castillo Garcia was released on his own recognizance during the pendency of this case because those charges are considered non-bail eligible under current New York State law, meaning prosecutors cannot ask for, and judges cannot set bail.
On October 4, 2025, Castillo Garcia was arrested by the Canada Border Services Agency at the Lewiston Bridge in Lewiston, New York. Castillo Garcia was subsequently placed into the custody of Immigration and Customs Enforcement (ICE) and brought to the Batavia Federal Detention Facility in Batavia, New York for removal proceedings.
At the request of the Suffolk County District Attorney’s Office, Justice Senft executed a Writ of Habeas Corpus Ad Prosequendum, ordering Castillo Garcia be returned to Suffolk County to face the charges contained in the indictment. Castillo Garcia is currently being held at the Suffolk County Correctional Facility pending further proceedings, with the cooperation and assistance of ICE.
Castillo Garcia is due back in court on May 19, 2026, and faces up to nine years in prison if convicted of the top count. He is being represented by Matthew Touhy, Esq.
This case is being prosecuted by Assistant District Attorney Kendall Walsh of the Narcotics Bureau, and the investigation was conducted by Detectives Jessica Anderson and John McGlynn of the Suffolk County Police Department’s Narcotics Unit.