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Motion to dismiss charges filed in Lakeside Academy death

Posted at 9:10 AM, Mar 17, 2021
and last updated 2021-03-17 15:57:47-04

KALAMAZOO, Mich. — A Kalamazoo attorney has filed a motion to have charges dismissed in last year’s death at Lakeside Academy.

Charges were filed against Heather McLogan after 16-year-old Cornelius Frederick was killed after an altercation in the cafeteria at Lakeside Academy in April 2020.

McLogan was the director of nursing for Sequel – which owned Lakeside Academy – at the time of the incident.

She’s facing charges of involuntary manslaughter and violation causing child abuse second degree in a child care organization.

Kalamazoo Circuit Court will 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.

In the written motion, attorney Anastase Markou states that during the preliminary examination, in Kalamazoo County’s 8th District Court, the prosecution did not present “even a scintilla” of evidence that McLogan was responsible for Frederick’s death.

“Ultimately, there was clear and unequivocal evidence that the restraint caused the death of Mr. Frederick,” the motion said. “Ms. McLogan had no role in the restraint. Therefore, on causation alone, this Honorable Court must quash the information.”

During McLogan’s preliminary hearing back in September, 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.

For the child abuse charge, Markou argued that this charge requires proof that McLogan failed to timely access Frederick’s condition or seek, obtain or follow through with medical care and that her actions caused Frederick’s death.

In addition to McLogan, two others have been charged in connection with Frederick’s death.

RELATED: All suspects arraigned in death of Cornelius Frederick

According to Kalamazoo police, Frederick was restrained by staffers Zachary Solis, Michael Moseley and others on April 29 after throwing a sandwich across the table. Video released by the victim’s family’s attorneys showed staffers lying on top of him for several minutes while he’s on the floor of the cafeteria.

RELATED: Attorneys release video of Cornelius Fredericks being restrained

Police stated that when they arrived they found Frederick in cardiac arrest. Two days later, he died in the hospital, police said.

Markou previously said that people began ‘backing off the restraint when McLogan was there.’ She left the scene to get a pulse oximeter, a device that measures a person’s oxygen levels in the blood. When she returned is when they performed CPR and called 911.

However, prosecutors believe that she could have done more to give Frederick proper care, he said.

RELATED: Two former Lakeside staffers charged in death of Cornelius Frederick bond over for trial