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Judge keeps Benson student in psychiatric care, bars access to facility school
A Multnomah County judge ruled that the 15-year-old accused in a September chemical incident at Benson Polytechnic High School can remain at a secure psychiatric facility instead of moving to juvenile detention. The judge barred the teen from the facility’s school building and ordered officials to look for another placement.
A 15-year-old accused of mixing chemicals in the cafeteria at Northeast Portland’s Benson Polytechnic High School will remain at a secure psychiatric treatment center for now, a Multnomah County judge ruled Wednesday, Oct. 14.
Judge Amy Holmes Hehn rejected prosecutors’ request to move the teen from the Parry Center to juvenile detention. She barred the youth from entering the facility’s school building, where several parents of students believed to be victims work, and ordered officials to seek an alternative placement.
The teen has been charged in juvenile court with more than a dozen felonies, including attempted murder and domestic terrorism. Multnomah County District Attorney Nathan Vasquez has said prosecutors will seek to have the teen tried as an adult. The teen has remained at the secure psychiatric facility since being charged.
Prosecutor Eric Zimmerman argued Wednesday that the teen should be detained. Two parents of students who were near the teen during the incident gave anonymous testimony. One said the teen’s presence at the facility had affected his work; the other said his child was within arm’s reach during the incident and continues to cry daily.
Defense attorneys argued that removing the teen from inpatient care could put the youth’s life at risk. Silvia Gomez, a senior manager with juvenile services, said detention is not equipped to address the teen’s serious mental health needs and described the move as a step backward.
The incident happened Sept. 8, when the teen allegedly brought chemicals to school and mixed them in the cafeteria, releasing toxic fumes. Prosecutors identified the substances as hydrogen sulfide and hydrogen cyanide. School administrators and a nurse performed CPR and used an automated external defibrillator after the teen passed out and was exposed to the chemicals.
Emergency responders evaluated more than 100 students and staff; no one else was hospitalized. The school was evacuated, remained closed the next day and then reopened. Prosecutors have also filed new charges tied to a separate alleged reckless-burning incident.
Prosecutors have said surveillance footage showed the teen arriving with a large backpack, gloves, goggles and dark clothing before sitting alone and mixing substances. They also cited the teen’s online activity as evidence of an interest in hazardous compounds and explosives. The allegations have not been proven in court.