LUFKIN, Texas -- Police say that charges for the culprit behind the viral video, that shows a customer licking ice cream and putting it back in the freezer, will be decided by the Texas Juvenile Justice Department, according to Lufkin police.
"We do not intend to pursue charges against her as an 'adult' and therefore what happens from here is at the discretion of the juvenile justice system," Lufkin police said in a Facebook post. "We cannot speak for them as to what charge she will face in the juvenile justice system."
Police say that "under Texas law, anyone under the age of 17 is considered a juvenile."
The post says the suspect, from San Antonio, and her adult boyfriend both admitted to the act when confronted by police.
Police are currently talking with prosecutors about whether the boyfriend should face charges.
The case was difficult for police because a "catfish" with a screen name almost identical to the suspect's began taking credit for the act.
The catfish went so far as to brag about it on Instagram, saying: “Yeah, I really did that. You can call it Flu Bell ice cream now ‘cause I was a lil sick last week. Repost yourself doing this. Let’s see if we can start an epidemic (literally).”
Police say "There were roughly 4-6 women with similar screen names and appearances that law enforcement had to eliminate – including the catfish – before getting to the actual suspect."
At 1:10 p.m. Wednesday, Blue Bell told police they had found what they believe was the licked ice cream and removed it and all half gallons of "Tin Roof" Blue Bell ice cream from the freezer.
Surveillance video puts the culprit at the store at 11 p.m. June 28.
On Thursday, police said they identified the culprit.
Some online criticized Blue Bell for not better sealing their ice cream containers. The company responded saying the ice cream freezes to the lid creating a natural seal and any attempt to open the containers should be noticeable.
Here is the full statement from Blue Bell:
We want to thank our consumers for alerting us to the incident this past weekend of a video posted to social media showing a Blue Bell item being tampered with. We take this issue very seriously and are currently working with law enforcement, retail partners and social media platforms. This type of incident will not be tolerated.
Food safety is a top priority, and we work hard to provide a safe product and maintain the highest level of confidence from our consumers.
During production, our half gallons are flipped upside down and sent to a hardening room where the ice cream freezes to the lid creating a natural seal. The lids are frozen tightly to the carton. Any attempt at opening the product should be noticeable.
We will continue to monitor this situation.