Criminal Justice

Autistic teen who accepted dare to jump into frigid water made his own choice, defense lawyer says

  •  
  •  
  •  
  •  
  • Print.

An autistic teen didn’t have to jump into the frigid Atlantic Ocean, a defense lawyer argued in a New Jersey courtroom on Tuesday.

In opening arguments, lawyer Jason Volet argued that the teen, Parker Drake, was competent and able to make his own choices, NJ.com reports. Volet’s client, Nicholas Formica, and a co-defendant, Christopher Tilton, both 21, are being tried for allegedly encouraging Drake to jump into the ocean from a jetty in February 2015. The Asbury Park Press and ABC News also have stories.

Volet said the defendants offered Drake a few choices. He could eat a hamster for money. He could walk into the ocean from the beach in exchange for two packs of cigarettes. Or he could jump into the ocean from a jetty for the cigarettes and an extra $20. Drake jumped because he wanted the extra money, Volet argued.

Tilton’s lawyer did not make an opening statement.

Formica and Tilton were charged in Manasquan Municipal Court after Drake’s mother filed a complaint alleging the men endangered the welfare of an incompetent person, a disorderly persons offense with a maximum penalty of six months in jail, according to previous coverage in March 2015 by the Asbury Park Press.

Drake’s insulin pump froze in the water and he struggled to make it back to shore, he told the Asbury Park Press. “I didn’t really think I was going to make it,” he said.

The incident spurred New Jersey lawmakers to pass a law increasing the penalty for endangering the welfare of a developmentally disabled person to a maximum of 10 years in prison.

Drake’s psychiatrist testified on Tuesday that Drake has Tourette syndrome, autism spectrum disorder with Asperger’s features, learning and adjustment disorders, and diabetes, according to the Asbury Park Press coverage. The psychiatrist, Dr. Peter Ganime, said Drake’s autism affected his judgment and other people could easily take advantage of him.

Give us feedback, share a story tip or update, or report an error.