There’s not enough evidence to try a Hayden man for felony injury to a child resulting from a chemical reaction that sent a 15-year-old girl to the hospital, a judge ruled Friday.
Instead, 1st District Magistrate Debra Heise decided Kevin Morriston will stand trial on a charge that he possessed ingredients and equipment commonly used to cook methamphetamine.
Kootenai County Deputy Prosecutor Joel Hazel had asked Heise to order Morriston be tried on both charges.
McKenna Everett, 15, testified that she saw Morriston standing near a red, bubbling liquid with a rag in his hand moments before seeing smoke billowing from the basement of Kari Schaub’s home on Aug. 16. She was overcome by the vapors and hospitalized briefly.
Schaub and her 20-year-old roommate, both home at the time, were not injured.
Authorities were unable to determine what chemical caused the reaction. However, state Criminal Investigation Bureau senior agent Walt Richard said he had been investigating allegations made by Schaub that Morriston was involved in drug activity.
Richard said he seized a condensing tube and a marijuana pipe found among Morriston’s belongings two weeks before the chemical reaction. Lab tests showed that moisture found on the tube was a liquid commonly used in a methamphetamine lab, Richard said.
Morriston, 29, was arrested Aug. 16 while driving a moving truck east on Interstate 90 near Kellogg about 45 minutes after police and a hazardous materials team were called to the Hayden home. CIB agents confiscated acid and acetone reportedly removed from the truck.