Judge John Wilson
Cardona was charged with endangering the welfare of a child, among other things. She sought dismissal of the charge arguing the complaint was facially insufficient. The complaint alleged Cardona, approached by a 14-year-old informant on three separate occasions between Nov. 21, and Dec. 3, 2012, handed the child a lit cigarette which informant smoked. Cardona contended that the charge was facially insufficient as her actions were not likely to be injurious to the child, noting the complaint did not allege that smoking three cigarettes was likely to be injurious to the physical, mental or moral welfare of the child. The court disagreed finding the factual allegations charging Cardona with endangering the welfare of a child clearly facially sufficient. It ruled the harmful effects of smoking tobacco were well documented, noting that cigarette smoke was made up of 7,000 chemicals, including cyanide, and known to cause cancer. Therefore, the court concluded, in light of such documents and well known findings, for Cardona to believe it was not injurious to the physical welfare of a 14 year old to be given tobacco to smoke was “beyond the ability of this court to comprehend.” It denied Cardona’s motion in its entirety.
