A Vancouver man accused of giving his 4-year-old daughter marijuana-infused chocolate cake appeared Wednesday in Clark County Superior Court on a child assault allegation.
John Batten, 28, appeared on suspicion of second-degree assault of a child and delivering a controlled substance to a minor.
According to a probable cause affidavit, the child was taken to PeaceHealth Southwest Medical Center on Sept. 9 after becoming lethargic at her day care. The girl’s system tested positive for THC — the active ingredient in marijuana. Day care staff said the girl had been visited that morning by her father, who gave her snacks.
The girl told detectives she doesn’t live with Batten but that he visits her at school. She said he brought her an apple and chocolate cake that day, the affidavit said.
Detectives collected the cake wrapper and crumbs and sent them to the Washington State Patrol’s crime lab to be analyzed. The cake crumbs were found to contain THC, according to the affidavit.
Batten denied giving the girl anything with marijuana in it. He said he purchased the cake that morning from a local gas station on Mill Plain Boulevard. The cake was in plastic wrap in a case near the register, he said, and it looked like it had been made on-site or was homemade, court records show.
The store’s owner told detectives he doesn’t carry any baked goods, except doughnuts. There also wasn’t any cake or similarly wrapped products in the display case, court documents said.
On Wednesday, Judge Robert Lewis appointed attorney Chris Ramsay to represent Batten and set his bail at $50,000.
Batten will be arraigned April 14.
