On Friday, two Kentucky juvenille-detention staffers were officially indicted on misconduct for the January death of 16-year old Gynnya McMillen.
As a result of a state investigation, a Hardin County grand jury charged both Reginald Windham and Victor Holt with one-count of second-degree misconduct, the Associated Press reported. Prior to her death, other staffers used a martial arts restraint technique on McMillen, but according to her medical report, which was released on Wednesday, the teen died because of a “rare undetected genetic disorder that caused an irregular heartbeat.”
However, the investigation’s findings concluded that the staffers not only failed to conduct routine bed checks every 15 minutes, but then falsified their records saying that they did. Perhaps if they had checked on McMillen, they could have seen that her health was distressed.
In a report Windham wrote he said, “I conducted most of the 15 minute period checks on (McMillen). Youth appeared asleep throughout the night. I made my last check at 05:45 hour while Mr. Holt was on duty first shift supervisor. We both was in intake everything appeared normal (sic).”
However, contrary to Windham’s account, Internal Investigations director Barney Kinman said that after reviewing almost 60 hours of surveillance footage, it was clear that “dozens of checks were missed the night of McMillen’s death,” the AP noted. “The longest void of time when she was not checked was 1 hour and 53 minutes,” Kinman said. He also said that there were two other time gaps of her not being checked on that lasted more than an hour.
If found guilty of these Class B misdemeanors, Windham and Holt could face a measly 90 days in jail.
Obviously, folks have opinions about the indictment and the medical report:
Earlier this week, four other employees were placed on leave, suspended or quit due to the investigation’s findings around McMillen’s death. They have yet to face any charges or be indicted for any wrongdoings. In the meantime, investigators said that they give the surveillance footage to McMillen’s family when state and local police are finished with their investigations.