Four people have been charged in connection with the death of a 5-year-old boy who was “burned” inside a pressurized oxygen chamber that exploded at a Detroit medical facility, the Michigan attorney general said.
Thomas Cooper, of Royal Oak, was pronounced dead at the scene. His mother was near the camera and suffered injuries to her hands when it exploded Jan. 31 at the Oxford Center in Troy, Michigan.
Court documents show that the center's founder and CEO, Tamela Peterson, is charged with second-degree murder. Also charged are facility manager Gary Marken, 65; security manager Gary Mosteller, 64; and the chamber operator that day, Aletha Moffitt, 60.
Marken and Mosteller are charged with second-degree murder and manslaughter. Moffitt is charged with manslaughter and intentionally entering false medical information into a medical record.
All were arrested Monday and are awaiting arraignment Tuesday afternoon in Troy District Court, Attorney General Dana Nessel said at a news conference Tuesday.
“It seems like one spark turned into a real fire that took Thomas' life in a matter of seconds,” Ms. Nessel said.
“Chamber fires are considered fatal. Every such incident almost inevitably results in death, and that is why numerous procedures and basic safety rules have been developed to prevent fires from occurring.”
Ms Nessel stressed that the defendants had irresponsibly put children's health at risk by using unaccredited and debunked treatments solely for profit.
Raymond Cassar, Marken's attorney, expressed surprise at the second-degree murder charge, saying it came as a “complete shock” to him and his client.
“In fairness, he is presumed innocent,” Mr Cassar added.
“This was a tragic situation and our thoughts and prayers are with the family of this little boy.
“I want to remind everyone that this was an accident, not a deliberate act. We will have to let the experts figure out what caused this.”
Moffitt's attorney, Ellen Michaels, declined to comment before Tuesday's arraignment. The Associated Press left a telephone message seeking comment with Peterson's attorney. No attorney was listed for Mosteller.
A voicemail seeking comment was left from a lawyer representing the Oxford center. The AP also left a message seeking comment from the center.
The Oxford centre said in an email after the explosion that the fire started inside a pressure chamber.
“The safety and well-being of the children we serve is our top priority,” the center said.
“Nothing like this has happened in more than 15 years of providing this type of therapy. We do not know why or how this happened and will cooperate with any investigations that now need to be carried out.”
Hyperbaric therapy increases the supply of pure oxygen to a person's body inside a sealed chamber. That's five times the amount of oxygen in a normal room, Troy Fire Lt. Keith Young explained after the blast.
“The presence of such a large amount of oxygen in a pressurised environment can make it extremely flammable,” Mr Young said.
The defendants entered not guilty pleas Tuesday before Troy Circuit Court Magistrate Judge Elizabeth Chiappelli.
Assistant Attorney General Chris Kessel voiced concerns at Peterson's arraignment that she might attempt to flee and that she had access to “a significant amount of money.”
Peterson's attorney, Gerald Gleason II, requested reasonable bail.
Ms Chiapelli set bail at $2 million (£1.54 million) for Peterson, $250,000 (£193,100) each for Marken and Mosteller and $100,000 (£77,240) for Moffitt.
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