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Complainant states that at approximately 2:15 a.m. in the morning on June 4, 2016, emergency medical staff responded to a 911 call from 340 Maple Road, Village of Clearwater, Wisconsin, of a young adult suffering from an apparent drug overdose. The 911 caller reported that the victim was making “choking sounds,” had vomited, and was now unconscious and unresponsive.

Emergency Medical Technician, Parker Avery, arrived first on the scene and observed Riley V. Thomas, D.O.B. 5/04/1998 lying on the floor in the basement of the residence. Thomas had vomited and Thomas’ lips were bluish black. EMT Avery reported that Thomas was unresponsive. EMT Avery did find lying on the floor roughly 4 feet away from Thomas a prescription bottle for “Kristine L. Marks” of Oxycodone HCL Extended Release, 40 mg tablets. EMT Avery did notice that the prescription bottle contained a date of the prescription as May 15, 2016 and further that the prescription was for 60 pills, to be taken every twelve hours. At the scene, EMT Avery heard the defendant state, “I never should have given Riley those pills.”

EMT Avery did attempt to administer Naloxone (Narcan) but it was unsuccessful. Thomas was pronounced dead at 2:52 a.m.

Two other young adults were present with Thomas in the basement when emergency medical staff arrived: Nic Stevens and the defendant. While EMT Avery was attempting to revive Thomas, both young adults were visibly upset. The defendant was screaming, and at one point yelled: “I never meant for this to happen.”

Upon my arrival at the scene, I did speak with the defendant. The defendant advised that the home where they were located was the defendant’s grandmother’s, Kristine Marks. The defendant further stated that Kristine Marks allowed the defendant to stay at the home due to disagreements the defendant was having with the defendant’s parents.

The defendant stated that his/her grandmother had prescription medication. The defendant further stated that he/she told Thomas about the prescription, but did not tell Thomas where the prescription was located. The defendant was adamant that he/she did not give the pills to Thomas and had no knowledge that Thomas had taken any of the pills. The defendant stated that the three had been drinking alcohol that night and that the defendant fell asleep and woke up to Thomas making “choking” and “gargling” sounds.

I did also speak with Nic Stevens at the scene. Stevens advised that the three had been drinking alcohol that evening. Stevens stated that he/she fell asleep and when he/she woke up later in the evening noticed that neither the defendant nor Thomas were in the room, though that is where they had been “hanging out” the whole evening. Stevens estimated that Thomas and the defendant were gone for about twenty minutes, and that when they returned to the basement, Thomas appeared “out of it.” Stevens further stated that he/she knew that the defendant sold marijuana to other people at their high school, and that he/she “has no doubt that Tristan gave Riley the Oxy.” Stevens stated that earlier in the evening the defendant said to Thomas that he/she “has something fun to try later,” and Stevens stated that he/she believes that the defendant was referring to the Oxycodone pills.

The Complainant further states that the medical examiner did subsequently perform an autopsy on Thomas. The medical examiner advised that while Thomas suffered from cystic fibrosis, there was no indication from the autopsy that cystic fibrosis caused the death. The medical examiner advised the Complainant that a 40 mg tablet of Oxycodone (extended release) was a substantial factor in causing the death of Riley Thomas.