A motion has been filed to dismiss charges against a woman in connection to the May 2020 death of a 16-year-old at a Kalamazoo Youth Home, an attorney revealed Wednesday.
Cornelius Fredericks died in the hospital from cardiac arrest just 30 hours after seven staff members at Lakeside Academy put their weight on the teenager during a 12-minute restraint. One staff member was on Fredericks’ chest for nearly 10 minutes.
Interviews revealed that restraints were common practice at Lakeside when a resident didn't listen to staff members. One resident confirmed that Fredericks said he couldn't breathe during the restraint, which state officials called "unsafe" and "excessive." In June, the Kalamazoo County Medical Examiner ruled Fredericks’ death a homicide.
At the time of the incident, Heather McLogan was the director of nursing at Lakeside Academy. In July, McLogan turned herself in and was charged with involuntary manslaughter and violation causing child abuse second degree in a child care organization.
Now, McLogan’s attorney, Anastase Markou of Levine & Levine Attorneys, says the charges should be dismissed, saying that McLogan “had no role in the restraint."
“Ultimately, there was clear and unequivocal evidence that the restraint caused the death of Mr. Frederick. Ms. McLogan had no role in the restraint,” Markou stated in the motion. “Therefore, on causation alone, this Honorable Court must quash the information.”
Markou also said that during the preliminary examination, the prosecution did not present evidence that McLogan caused Fredericks’ death.
“At the preliminary examination, the People did not identify any specific legal duty imposed by Ms. McLogan,” Markou said in the motion. “The District Court claimed that Ms. McLogan had a legal duty, but did not cite any case law or statutory provision that actually imposed such a duty on Ms. McLogan.”
Kalamazoo Circuit Court will now review the motion during a hearing scheduled for April 7. If the motion is granted, charges against McLogan will be dismissed and she will not stand trial.
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