BROOKINGS – One of three men involved with the TikTok-inspired “Orbeez challenge” drive-by shooting that took place in April was granted judicial clemency on Wednesday. Dvarris Cotton, 18, pleaded guilty on one count of terrorist threat, a class five felony, on Oct. 26.
The incident, according to a probable cause statement from the Brookings Police Department, occurred on April 20-21. A report of “individuals shooting what was believed to be water pellet type ammunition at people and were currently in the McDonald’s drive through” from a maroon 1998 Oldsmobile Cutlass. A vehicle at McDonald’s reportedly matched the description of the suspect vehicle from a report in the Hy-Vee parking lot the night before. The probable cause statement alleges two splatter guns were found in the suspect vehicle, and that a 9 mm pistol was located on one of the suspects. At least three people reported they or their vehicles were shot at during the duration of the incident.
Similar incidents were being reported in surrounding cities and across the country earlier this year, several attributed to the “Orbeez challenge” seen on TikTok. Spin Master, the manufacturer of the water-absorbent polymer beads called Orbeez, does not produce or sell the “splatter ball guns” often used in the incidences. In some instances, the beads can cause bruising or bleeding when fired out of the guns. On their own, Orbeez are intended to be a creative, sensory-play toy for children.
Brookings County Deputy State’s Attorney Ben Kleinjan said the state was in support of granting clemency to Cotton, adding that it was “very fortunate it didn’t turn into a shootout.” Kleinjan also said that social media challenges found on apps like TikTok pose a new challenge for law enforcement.
At the sentencing, defense attorney Teree Nesvold said Cotton and his friends saw the prank on TikTok, ultimately influencing each other to participate in the “challenge” themselves. Although the “challenge” seemed fun at the time, Cotton didn’t realize that the action could have negative consequences. He had been remorseful since his first interaction with Nesvold, and was willing to write letters of apology to victims of the incident.
Nesvold asked Circuit Judge Dawn Elshere for judicial clemency, a suspended imposition of sentence, no jail time, and a chance for the incident to remain off Cotton’s record following the completion of probation.
Elshere granted judicial clemency and a suspended imposition of sentence, saying, “You did something stupid… and immature. The lesson is, not everything you see on [TikTok] is funny.” Cotton was placed on probation for three years, must pay $800 in fines, remain law abiding, serve 28 days in the Brookings County Detention Center with credit for time served, and must complete 20 hours of community service.
Brookings County State’s Attorney Dan Nelson said of the sentencing that “Mr. Cotton made a very stupid decision to drive around town shooting off this Orbeez gun, which fires soft-gel pellets. Thankfully no one was seriously injured.” Nelson added, Cotton being only 18 and having no criminal history, that the “28 days in jail and probation was an appropriate consequence for him to learn from this and continue working to complete his high school education.”
The two other individuals involved in the incident, Kamyron Dutton McWilliams and David Kudel, have scheduled sentencing hearings for similar charges to Cotton’s.
Contact Alison Simon at asimon@brookingsregister.com.
