Teacher arrested for being ‘drunk’ in second-grade class has charges dropped after prosecutor admits ‘it is unfortunately not illegal’
- The teacher who thought he was drunk during class will not be charged because no law was broken
A 57-year-old second-grade teacher arrested for allegedly teaching while intoxicated will not be charged due to lack of evidence.
Wendy Munson, 57, was arrested on October 2, 2023 after Sutter County sheriff’s deputies were alerted to a staff member who showed up intoxicated at Nuestro Elementary School in Live Oak, north of Sacramento, California.
Despite the arrest, prosecutors found insufficient evidence to prove a crime had been committed.
‘The mere possibility that a situation could arise is insufficient to meet the requirements of the law. While teaching under the influence is highly inappropriate, it is unfortunately not illegal,” the district attorney’s office said.
Wendy Munson, 57, was arrested for allegedly teaching while intoxicated, but prosecutors announced she will not be charged due to insufficient evidence
Munson was arrested on October 2 after Sutter County sheriff’s deputies were alerted that Munson showed up intoxicated at Nuestro Elementary School in Live Oak, California.
“The conduct is reprehensible,” Sutter County District Attorney Jennifer Dupré said. “But it is not against the criminal code to teach children when they are drunk.”
“The conduct is reprehensible,” Sutter County District Attorney Jennifer Dupré said. “But it is not against the criminal code to teach children when they are drunk.”
Officers arrived at the school and walked into Munson’s classroom, where she appeared to have slurred speech and showed signs that she had touched the bottle.
Video evidence was also provided showing her driving to school and then failing a field sobriety test.
She was arrested on suspicion of driving under the influence and child endangerment.
In fact, subsequent tests showed her blood alcohol levels were 0.20% and 0.19%, well above the legal limit of 0.08% for drivers in California.
But after an eight-month investigation, prosecutors announced no charges would be filed.
Video footage of Munson driving to school did not conclusively prove that she was intoxicated as she showed no obvious signs of impairment after getting out of her car.
Munson was a second-grade teacher, but her name has been removed from the school’s website
“She doesn’t get out of the car and tumble or anything, so that didn’t help us,” Dupré told the LA times.
The investigation included interviews with Munson’s current and former students, but also could not determine whether she was drunk while driving to work or whether she started drinking at school.
Prosecutors also could not meet the legal criteria for the child endangerment charge.
“There was no specific information indicating that the children in Munson’s class had been placed in a position where their persons or health were at risk,” officials with the district attorney’s office explained.
“The person must have put them in a position where they are in danger, not in danger,” Dupré said.
‘We tried it because I don’t like the behavior. It is not acceptable, but unfortunately it is not punishable.’
The incident is now being considered a personnel matter for the school and district.
‘I thought it was crazy. I think she should have called out of work,” parent Kaitlynn Conley said CBS News while picking up a student from Munson. ‘I know people have nice weekends, but as an educator that was absolutely not okay.’
The district’s website no longer lists Munson as a current teacher.
