01-30-2016, 04:02 PM #1Registered User
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- Jun 2012
Detention Staff Used Martial Arts on Gynnya McMillen
It's not clear if the "Aikido restraint" factored into McMillen's death on Jan. 11. Her death is currently under investigation by the Kentucky State Troopers and the Justice Cabinet's Internal Investigation's Branch. Officials have so far indicated they believe McMillen died in her sleep
Audio of 911 call and more detail about the events.
State police are not currently considering criminal charges in the case.
However, Reginald Windham, a Lincoln Village employee, was placed on paid administrative leave as a result of the internal investigation. Officials say Windham, who has been with the state's juvenile justice department for 10 years, failed to check on McMillen every 15 minutes, a requirement for those in isolation at the detention center in Elizabethtown.
01-30-2016, 08:32 PM #2
An incredibly sad story, but the headlines are not the most worrisome part of the story. The aikido hold is most likely not even related to her COD-- we will have to wait for the autopsy report.
What is most concerning, IMO, is that upon discovering her in the cell, not breathing, and cold-- it took NINE MINUTES for 911 to be called, and during that 9 minutes, not a single person apparently even considered starting CPR. It took ANOTHER 1 1/2 minutes and the clear directions of the dispatcher before ANYONE bothered to begin CPR. That is monumental incompetence. This is in a juvenile facility, with trained corrections officers, who most definitely are required to be CPR certified.
And it was a prison NURSE that was talking to the 911 dispatcher! Sorry, but NO NURSE needs to find a "protocol" to determine when to start CPR! And even if the nurse was not physically at the scene, but communicating by phone from another location-- SHE should have directed officers to assess her and begin CPR.
When he arrived, staff at the small facility entered the cell where McMillen spent her one night at Lincoln Village alone. They realized she was "cold" and not breathing, according to emergency dispatch recordings obtained by 48 Hours' Crimesider.
Nine minutes passed between the deputy's arrival and the first call to 911, at 10:04 a.m.
About 1 ½ minutes later, the emergency dispatcher asked a Lincoln Village nurse if CPR was being performed.
"No it's not," the nurse said.
"They want us to start CPR," she can then be heard saying to someone at the facility.
"Do y'all have a CPR protocol or do y'all need it?" the dispatcher asked about 10 seconds later.
"I'm new, I can find out, I don't know," the nurse replied.
Now, it may be that she was in rigor mortis, and CPR would not have been indicated-- but apparently those that found her and called 911 didn't report that to the dispatcher. And a nurse should definitely be able to tell if there is a pulse, if someone is breathing or not, and whether or not someone is in rigor mortis, and report that clearly to a 911 operator.
Bottom line-- even with "aikido holds" and the logs for every 15 min checks not being correctly annotated-- upon finding someone unresponsive, you check for breathing and a pulse, and if none-- start CPR. No need for protocols, or to get "permission" from a 911 operator to start CPR.
It's the total lack of recognition of the need to accurately report to 911 what was going on, coupled with the long delay in CPR (which admittedly, may not have helped at all) that will prove most legally damaging to the facility and its employees. That was clearly, unequivocally, disgraceful incompetence.
The aikido hold, IMO, is probably a red herring unrelated to whatever caused her death. The autopsy is really important. I suspect she was dead for quite some time (hours) by the time she was discovered-- and that is monumentally unacceptable in a juvenile facility. At a minimum, I think people should lose their jobs over the CPR issue. For sure they will ultimately face civil suits-- time will tell if what they did rises to the level of criminal prosecution. The nurse's professional conduct, IMO, was deplorable and incompetent, from what is in the articles.
Very, very sad. She was such a pretty young woman.
ETA: Actually, I missed that the actual 911 audio is in the article. At 1:07, the second person who spoke to 911 says she is not breathing. At 1:20, the nurse says the patient is cold, stiff, no respirations, no vital signs. Paramedics are usually permitted to call death in the field with presence of rigor, but I'm not sure if a prison nurse is able to make that call in Kentucky. But the nurse should have known whether or not she was required to start CPR if there was rigor noted. In all, this sounds like a "charlie foxtrot".
Here's the 911 audio:
Last edited by K_Z; 01-30-2016 at 08:45 PM.
01-31-2016, 11:49 AM #3Registered User
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- Jun 2012
She was very pretty and so young. I would like to know more about the "restraint" hold used.
Found a bit more info from this link.
An preliminary autopsy gave no cause of death and said there were no signs of trauma or drug overdose.
Coroner Dr. William Lee saw a recording of McMillen’s final night and told WDRB the last movement occurred about midnight.
02-06-2016, 05:11 PM #4Registered User
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- Oct 2013
Aikido deals with joint locks. applying pressure to the joints or body part so the victim hurt them selves and not others when they fight back. Depends on the technique and weight of both to be honest, if the person is on nerve or the blood flow area to long on the person being held will go limp which is another style of pressure point holding.
There is another form of this technique that deals with nerve pressure point holding. There will be no sign of struggle either, it will happen to look natural. They can look for nerve damage I suppose . I cannot remember the name of this technique but the last part is "Dan", the first name part i cant remember. There are very close in style.
09-01-2016, 10:24 PM #5The family of a teenager who died in a Kentucky detention center is suing jail and state officials, saying the girl was restrained with a martial arts technique for refusing to remove her hoodie and then left to die in her cell.
(...) the family’s lawsuit filed Wednesday accuses the Lincoln Village Regional Juvenile Detention Center staff of falsifying records to cover up their failure to monitor the 16-year-old. Some of those records claim McMillen declined breakfast and a snack, and was non-compliant, when in fact she had already been dead for hours
09-07-2016, 04:56 PM #6As Gynnya McMillen coughed and gasped for air, shaking in a seizure while taking her final breaths, a Kentucky juvenile detention youth worker stood outside her isolation cell watching, according to a federal lawsuit filed by the 16-year-old’s estate.
Reginald Windham allegedly told internal state investigators that he walked over to McMillen’s door at 11:39 p.m. on Jan. 11, after he heard coughing. (...)
Surveillance video shows Windham staring through a window for 18 seconds, witnessing “her last gasps and dying breaths and final uncontrollable movements and seizure,” according to the lawsuit. He then turned around and walked away, attorneys say.
09-07-2016, 05:53 PM #7Registered User
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- Aug 2015
almost any police restraint can be said to have roots in a martial arts hold. there is nothing inherently wrong with anything they did in this regard unless it was excessive, or other things were done that were not caught by the camera - which the lawsuit strongly alludes to.
the language in the complaint regarding the check where it is alleged that she was dying is inconclusive, it can be read to describe typical movements one might make while asleep, or it can be read (as the lawyer for the family has done) to indicate that someone is in distress. i dont think we can really comment intelligently on this matter without seeing the video and hearing the full statements from the officers involved. (there is much more in the actual complaint than what has been reported inthe news.
that said - i think this lawsuit can and should be won based on just the negligence that was proven by the internal investigation. i suspect it is going to come down to a debate about what the written standards and protocols were vs what in fact was the accepted pattern and practice in this facility. if you go by the statements of the assistant superintendent, and if in fact that is how the officers were trained, then i believe the case is already proven - because remember this is a civil action, not a criminal trial.
edit - forgot the link https://www.scribd.com/document/3227...int#from_embed
Found Deceased TN - Earlyne McMillen, 59, Columbia/Nashville, 25 Jan 2008By hoppyfrog in forum Located! Information and SupportReplies: 4Last Post: 02-03-2008, 12:15 AM