MatcomNews Update: Teen's Vomit Sentence A Conundrum For Cops

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OLATHE, Kan. --Police departments in Johnson County aren't sure how they'll carry out an unusual sentence a judge imposed on a teenager convicted of intentionally vomiting on his teacher.

Johnson County Magistrate Judge Michael Farley on Tuesday sentenced the 17-year-old boy to spend the next four months cleaning up anytime someone gets sick in a police car.

The teen was found guilty of a misdemeanor count of battery for vomiting on his Spanish teacher during the last day of classes at Olathe Northwest High School. Prosecutors said the crime was intentional, but the defense claimed the boy vomited because he was nervous about his final exams.

While the Olathe, Overland Park and Shawnee police departments are still awaiting official word on the sentence and details on how to contact the teenager, they also aren't sure how or if they would use his services.

"I'm sure we would, but nobody's contacted our department and said, `If you have this happen, here's the kid's phone number,'" Shawnee Police Capt. Ron Copeland said.

Normally, when someone throws up in a Shawnee police car, officers hose out what they can, then send the vehicle to a car wash to be detailed.

Police in Overland Park, where a vehicle maintenance manager usually decides if a biohazard company needs to be called in for cleanup, plan to consult a department lawyer about liability issues.

"Are we going to have to provide this guy with a biohazard suit?" Overland Park police spokesman Jim Weaver asked rhetorically. "Are we going to have to provide him with a breathing apparatus? That's a valid question."

Olathe Sgt. Mike Butaud believes that about every month or two someone throws up in an Olathe patrol car. In Shawnee, officers estimate it happens once or twice a year.

"When you have someone who's going to throw up in your car, the first thing you do is pull over right away," Butaud said. "Even if someone's going to clean it up, you don't want to have to drive around with that smell."

Kathleen Rieth, the county's director of juvenile court services, said her office will work with police on how to carry out the sentence.

And just because they have questions and concerns doesn't mean police in Johnson County don't support the judge's attempt to make the punishment fit the crime.

"I really understand the way he's going with this," Butaud said. "He's trying to make it a learning experience so he (the teenager) can really learn the error of his ways."

Brian Costello, the teen's attorney, said the case won't be appealed.

http://www.boston.com/news/odd/articles/2005/07/31/teens_vomit_sentence_a_conundrum_for_cops?mode=PF