Centre County District Attorney Bernie Cantorna said on Thursday that no criminal charges will be filed in connection with the death of an Erie teenager at a house in State College earlier this fall.
John ‘Jack’ Schoenig, 17, died of chemical asphyxia from inhaling nitrous oxide, the Centre County Coroner’s Office said last month following an autopsy and toxicology results. State College police and Centre LifeLink EMS had responded at 9:30 p.m. on Oct. 19 to the house at 522 W. College Ave. for a report of an unconscious male with shallow breathing. Upon arrival they found Schoenig in cardiac arrest and resuscitation efforts were unsuccessful.
Individuals present at the time of Schoenig’s death were cooperative and met the criteria of Pennsylvania’s Good Samaritan drug overdose immunity law, Cantorna said on Thursday.
The autopsy also found there was no alcohol in Schoenig’s system at the time of his death, which was ruled accidental.
A police investigation discovered Schoenig was inhaling nitrous oxide by using the cartridges used in whipped cream cans, known as ‘whip-its,’ when he began hyperventilating, then lost consciousness and stopped breathing.
‘Residents attempted first aid, called 911, stayed with Mr. Schoenig until police and EMS arrived and cooperated with the police investigation,’ Cantorna said.
Pennsylvania’s Drug Overdose Response Immunity statute affords immunity from prosecution to individuals who render aid, call for help, give identifying information and stay with the overdose patient until emergency responders arrive.
‘Given these statutes and the fact that the residents stayed with Mr. Schoenig until police and EMS arrived, no charges will be filed in this matter,’ Cantorna said.
Sale and use of nitrous oxide for the purpose of inhaling is a third-degree misdemeanor.
Nitrous oxide is most frequently used by medical professionals as an anesthetic commonly known as laughing gas, but is also found in other applications including for charging whipped cream cans. Cantorna said that while serious injury and death are not a common result of inhaling nitrous oxide, they are a risk when used repetitively or in high doses.
“The risk to our young people is that the public is generally not aware of the life-threatening effects that inhaling nitrous oxide can cause,” Cantorna said.
There have been numerous documented cases of serious injuries resulting from abuse of nitrous oxide, including closed head injuries, seizures, brain damage and, in some cases, death.
“Tragically, the death of Mr. Schoenig illustrates the life-threatening ramifications that inhaling nitrous oxide can have,” Cantorna said. “It is important that our young people and our community understand the risk that this drug poses. It is also important for our community to know that if someone is in distress due to an overdose, alcohol or drug related, they should call 911, render first aid and remain with the person until police arrive.”
Cantorna said he discussed the case with the Schoenig family prior to announcing the decision about charges.
The house where Schoenig died was allegedly occupied by members of Chi Phi fraternity, according to Penn State, but is not the fraternity’s official house.
Chi Phi was placed on interim suspension by the university after Schoenig’s death. That suspension was subsequently lifted in November but a ban on social activities remained in place as of the end of November, according to a Penn State spokesperson.
Because no one is being charged with a crime in the case, Cantorna declined to say how many people were present or whether any others were using nitrous oxide at the time.
