Juvenile Detention Staffers Indicted for Misconduct

Two employees of a juvenile detention center in Kentucky where a teenage girl died in January have been indicted for official misconduct. A grand jury charged Reginald Windham and Victor Holt with one count of second-degree official misconduct as a result of a state police investigation into the death of 16-year-old Gynnya McMillen on Jan. 11. The charges Windham and Holt face are Class B misdemeanors, which carry maximum jail sentences of 90 days, according to Oldham.Officials announced Wednesday that medical examiners ruled that the teen died in her sleep as a result of a rare genetic disorder that caused an irregular heartbeat. Hardin County Attorney Jenny Oldham said the investigation found that the Windham and Holt failed to perform regular bed checks on the teen and allegedly falsified documents related to those checks.

McMillen was arrested On January 10 around 2 AM after police responded to a domestic incident involving her mother. She was charged with misdemeanor assault.

The teenager passed away during the one night she spent at Lincoln Village Juvenile Treatment and Detention Center. A state medical examiner's office pathologist said that McMillen had Inherited Long QT Syndrome, a rare genetic disorder that can cause an irregular heartbeat.

Windham was fired Feb. 5 for failing to make required bed checks. Windham received notice of his firing the same night that former state Juvenile Justice Department commissioner Bob Hayter was terminated.Investigators with the Kentucky Justice and Public Safety Cabinet's Internal Investigations Branch concluded Windham falsified a report in which he said he had conducted all the checks. Internal Investigations director Barney Kinman said dozens of checks were missed the night of McMillen's death and the staff failed to provide adequate supervision, falsified documents and acted unprofessionally.

Officials said Wednesday that four other employees have been placed on special investigative leave, suspended or resigned, as a result of the internal investigation.

Comments from Allen:
This is a tragic incident with civil and criminal aspects.  The two charged with crimes were required to make routine bed checks.  The failure to make such checks would generally not cause a risk of death or serious injury, so they are not facing more serious charges.

The most serious wrongdoing here was probably falsifying records after-the-fact.

The civil liability of the county is more complex.  Was the failure to make bed checks a factor in the death of this young woman?  Would regular bed checks likely have resulted in her being found in distress and capable of surviving?  I leave that to the medical experts.  If a wrongful death action is brought against the county, Gynnya's parents would have to prove a link between the sloppy supervision and their daughter's death.  A medical examiner has already determined that an Akido hold imposed on Gynnya 17 hours before her death did not contribute to her death; another medical expert might disagree, however.

If the parents cannot provide solid evidence that the detention center misconduct contributed in some way to Gynnya's death, they will lose at trial.  I would say the odds are against the parents here, but they may have a chance at a settlement before trial.  In this type of case, I would expect the defense to bring a "summary judgment" action early in the litigation to establish the parents cannot meet their burden of proof if the case goes to trial, and they will ask the case be dismissed.

When that occurs, it is "put up or shut up" time for the family to show the court they do indeed have evidence of a link between the misconduct of the detention officers and Gynnya's death.

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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents,truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.

Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI), traffic violations, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.
Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.    
Sources for more information:

http://www.cbsnews.com/news/kentucky-juvenile-detention-staffers-indicted-for-misconduct/

http://www.buzzfeed.com/leticiamiranda/two-staffers-in-gynnya-mcmillen-case-charged-with-official-m

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