Attorney questions felony charges after THC gummies sickened Prosper graduation partygoers

CBS News

15 hours ago

An attorney representing one of two teens accused of distributing locally purchased THC-infused gummies at a Prosper graduation party is questioning why the teens are facing drug-related charges.
Cesar Omana, 18, of Frisco, and Kyle Muchineuta, 17, of Prosper, are charged with second-degree felonies for the manufacture and delivery of a controlled substance.
According to Prosper police, the charges stem from an incident in which at least seven party attendees experienced overdose-like symptoms and were hospitalized after consuming gummies allegedly supplied by Omana and Muchineuta.
Defense attorney questions legality
"Nobody feels worse about people getting sick than we do," said attorney Jeremy Rosenthal, who is representing Omana.
"That said, I don't understand how purchasing something which appears to be perfectly legal, in packaging indicating it's perfectly safe, and then providing it to others is a crime at all — much less one worthy of publicly destroying the life of an 18-year-old and calling him a drug dealer."
Town declines to comment
The town of Prosper, speaking for its police department, declined to comment.
"Due to this being an ongoing investigation, the Prosper Police Department has no additional details to share at this time," a town spokesperson said in a statement. "Once we have concluded our investigation, we will provide an update."
Court documents reveal details
Rosenthal released his statement on behalf of Omana on Friday, a day after newly obtained court documents shed more light on what transpired before the Prosper graduation party attendees were transported to the hospital.
Records from the school's graduation program show that Omana attended Rock Hill High School, while Muchineuta was a student at Walnut Grove High School.
Police say multiple attendees became ill during the Prosper Graduation Celebration and were taken to the hospital. The event was scheduled from 11 p.m. on Friday, May 16, to 3 a.m. on Saturday, May 17.
Gummies purchased in Plano
According to arrest warrants, the two teens purchased the THC-infused gummies at A&A Smoke Shop, located at 3620 State Highway 121 in Plano. The documents indicate that victims paid Omana via a cash app for the edibles, which were then distributed to attendees by Omana and Muchineuta.
Nine known victims ingested the gummies, with seven requiring hospital transport after showing overdose-like symptoms, police records show.
Smoke shop founder reacts
The smoke shop's founder was adamant about not selling THC-infused products to underage patrons.
"If there was any breach of this policy, I will personally take full responsibility to investigate and correct it immediately," said Allan Haji, founder and owner of A&A Smoke Shop, in a statement. "We do not—and will not—tolerate any action that jeopardizes the integrity of our business or the safety of our community."
Haji emphasized that his business has a "zero-tolerance policy when it comes to underage sales."
"We do not sell to minors. Period," he said. "This isn't just a guideline—it's a non-negotiable rule that we enforce with the utmost seriousness. Every team member is trained and held accountable to verify IDs without exception."
Haji also noted that no police officers have contacted him or requested purchase records from his business.
Nonprofit hosted the celebration
According to its website, the event is organized by a nonprofit at 3R's Ranch in Prosper and is not affiliated with the school district. The event, open to seniors from all three Prosper high schools, is traditionally alcohol- and drug-free, with activities including games, dancing, music, and food.
Prosper police responded to the ranch around 2:15 a.m. on Saturday, May 17.
In a statement, the town said, "Paramedics from Prosper, Celina, and Frisco treated multiple individuals experiencing medical distress and transported eight patients to local hospitals."
Safety concerns raised by nonprofit
"It's shocking. It's scary. And everybody has the same questions: How did this happen?" said Aileen Blachowski, president of Texas Education 9-1-1, a nonprofit focused on student safety in public schools.
Blachowski said students who attended the event told her that nearly 1,000 seniors from all three high schools were at the graduation celebration, supervised by only 50 volunteers and a few officers.
"This was grad night. I mean, you're talking about 17- and 18-year-old kids," she said. "You were going to put hundreds of those kids in one place with 50 volunteers. Totally unsafe."
School district addresses incident
Following the celebration, Prosper ISD informed senior parents about the situation, emphasizing that the event was organized by Graduation Celebration, not the district, and did not take place on district property.
"We wanted to relay information about the incident at Graduation Celebration," Prosper ISD said. "While we cannot provide specific details, several young adults experienced medical emergencies and required transport from the event. The Town of Prosper responded quickly, and Graduation Celebration ended early. All affected young adults are receiving appropriate medical care."
On Thursday, Prosper ISD declined to provide further comments regarding the arrest warrants. Instead, they deferred any decisions about next year's event to the Graduation Celebration committee.
More updates to come
CBS News Texas will provide additional updates as new information becomes available.