KALAMAZOO, MI (WKZO AM/FM) — A motion was filed Wednesday to dismiss charges against a woman who is a former nurse at a Kalamazoo academy. It’s related to the April 2020 death of 16-year-old Cornelius Frederick, following an altercation in the cafeteria at Lakeside Academy.
Heather McLogan is one of three employees at the academy charged with involuntary manslaughter after Frederick was held down aggressively for nine minutes during a 12-minute restraint. It left the teen unresponsive and he later died. Police accused McLogan of gross negligence for not seeking medical care for the teen in a timely manner. Prosecutors said video footage from the incident showed it took 12 minutes before nurses and staff members began CPR and called 911.
In the written motion, attorneys say during the preliminary examination in Kalamazoo County District Court that the prosecution did not present “even a scintilla” of evidence that McLogan caused the death of Frederick.
“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.”
During McLogan’s preliminary hearing in September 2020, Markou argued that in the involuntary manslaughter charge, the prosecution must prove that McLogan had a legal duty to act, and, if so, whether she breached that duty, and whether she caused the death of Frederick.
If the motion is granted, charges against McLogan will be dismissed and she will not stand trial.