A Kalamazoo judge says criminal trials can move forward against two former staff members at a youth residential facility over the death of a child.
Judge Anne Blatchford made the decision following preliminary hearings for the two former staff members, Zachary Solis and Heather McLogan.
Solis was one of eight men who helped hold down Cornelius Fredrick at Lakeside Academy on April 29. McLogan was a nurse at Lakeside, who witnessed part of the restraint and who eventually called 911 when Fredrick went limp. Prosecutors say McLogan failed to stop the restraint and help Fredrick. A state investigation concluded she waited more than 10 minutes after the restraint to call 911.
Tase Markou, an attorney for McLogan, argued that failure didn’t meet the requirements of a criminal act
“It’s not like the previous cases where people were doing the restraints,” Markou said. “That’s an actual act.”
Kalamazoo County assistant prosecutor Jeffrey Williams agreed that others were at fault in Fredrick’s death.
“I would certainly agree that there were other people who could have done things, other people who maybe should have done things,” Williams said. “But we’re here this afternoon to talk about what Heather McLogan did or didn’t do.”
Williams argued McLogan had a duty to intervene to stop the restraint and to give Fredrick medical assistance right away.
Judge Blatchford sided with that argument, ruling that trials for both Solis and McLogan can proceed.
A hearing for a third staff member charged in the death is scheduled for October 21.
