KALAMAZOO, Mich. (WWMT/CNN) - Three youth home nurses are charged in the death of a 16-year-old boy.
Staff at Kalamazoo’s Lakeside Academy restrained Cornelius Fredericks for 12 minutes, and he died two days later. His death is ruled a homicide.
The state report says the restraint used on Fredericks for throwing a sandwich in the juvenile facility’s cafeteria was unsafe and excessive.
The Kalamazoo County prosecutor's office is still investigating to determine if other staff members should face charges.
Records show the Lakeside's director of nursing, Heather McLogan, supervised the last two minutes of the restraint.
“(She’s) just a good human being who basically dedicated her life to helping at-risk children,” said Tase Markou, McLogan’s attorney
He said she followed her legal duty to obtain medical care.
“Typically, in any kind of criminal case, the person who is accused has to have done something, done a bad act,” he said.
Police said Fredericks went limp and was unresponsive when released. Another 12 minutes went by before McLogan made the first 911 call. At that time, another staff member started CPR, the state's report shows.
According to state health investigators, McLogan told a responding officer she thought Fredericks was faking it because she saw him moving.
The Kalamazoo County medical examiner said Fredericks died of asphyxiation.
McLogan is one of three former Lakeside employees facing involuntary manslaughter and child abuse charges.
Attorneys representing Michael Mosley and Zachary Solis says they were following protocols and were victims of circumstance.
“Nobody stopped them from killing someone. No one stopped them from acting reasonably. No one stopped them from suffocating a young boy. That’s ridiculous,” said Geoffrey Fieger, attorney for the family of Fredericks.
Fieger filed a $100 million wrongful death lawsuit against Lakeside and Sequel Youth and Family Services. “And I have no doubt this facility looked the other way at many acts of brutality,” he said.