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A Year Is Long Enough To Gather Evidence In
Restraint Death Case, Boy's Family Says
By Dave Reynolds, Inclusion Daily Express
August 23, 2004
KALAMAZOO, MICHIGAN--An attorney representing the
family of Michael Renner-Lewis III says that Kalamazoo County Prosecutor
James Gregart has "more than enough evidence" to file criminal charges
over the 15-year-old's restraint-related death.
"It has been close to a year and there has not been
any prosecution," attorney Carey Whitfield, who is also legal redress
chairman for the Kalamazoo Metropolitan NAACP, told the Kalamazoo
Gazette.
"Prosecutor Gregart now has a choice to make."
At the end of last month, police asked the
prosecutor to consider criminal charges in the case. Details of the
requests, and names of those who might be charged with a crime, were not
made public.
Michael, who had autism, died on August 25, 2003 --
the first day of school at Parchment High.
School officials said he had a seizure early in the
day. He recovered from the seizure, but soon became "agitated". Four
staff members "tried to quiet" the 6-foot, 165-pound teen by restraining
him on his stomach. Each grabbed one of his limbs and sat down on the
floor next to him in a room behind the school auditorium, police said.
At some point Michael closed his eyes and stopped
breathing. A family caregiver who arrived to take Michael home found him
unconscious on the floor. She started giving Michael CPR, but was not
able to revive him.
An initial autopsy report showed "no obvious
anatomical causes" of death. Final autopsy results, however, list
Michael's cause of death as "prolonged physical restraint in prone
position associated with extreme mental and motor agitation."
"He was surrounded by all the people that were
supposed to help him," Whitfield said last week.
On August 13, Gregart said the investigation is not
yet complete, and that he is waiting for results of toxicology tests
before making a decision.
The family is suing the Parchment School District,
Kalamazoo Regional Educational Service Agency and their employees for
assault and battery, false arrest and imprisonment, gross negligence and
violation of Lewis' constitutional rights. A trial date of April 5, 2005
has been set in U.S. District Court for the suit, which seeks $25
million.
Michael's death prompted a state representative to
draft the "Michael Renner Lewis III Law" for the Michigan Legislature.
The measure would change state education codes to allow students to be
restrained only "in an emergency to control unpredictable, spontaneous
behavior . . . that poses a clear and present danger of serious physical
harm to that pupil or others."
The law would require all restraints to be
performed by teachers, staff members and administrators that have
received in-depth training on physical restraint techniques.
Certain techniques, such as restraining students
face-down on the floor or ground, and using drugs as sedatives, would be
outlawed entirely.
Parents would also have to consent to restraints
that would be used on their children.
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