NO CRIMINAL CHARGES BROUGHT IN CONNECTION OF CARBON MONOXIDE DEATH

No criminal charges will be brought in connection with the April 1 carbon monoxide poisoning death of a Niles youth at the Niles Quality Inn. Berrien County Prosecutor Michael Sepic announced last week that while there was evidence of some negligence, none rose to the level of criminal prosecution.
Bryan Douglas-Watts, 13, died of carbon monoxide poisoning after he and a group of friends were swimming in the hotel’s indoor pool. An investigation found that his death and the hospitalization of several others was likely the result of a pool maintenance problem.
The investigation showed that a heater ventilation pipe had disconnected from the pool heater. That in turn likely caused carbon monoxide to leak into the pool maintenance room and then into the enclosed pool area.
Sepic reported that most crimes are the result of an intentional, knowing act with a small percentage of criminal charges coming from an omission or failure to act. He said a review of the facts found that while ordinary negligence may have been involved in Watts’ death, it did not rise to the level of gross negligence or involuntary manslaughter.
Ordinary negligence is based on the fact that a person ought to have known that the results of his actions, while gross negligence assumes that a person knew and was recklessly or wantonly indifferent to the results.
In this instance, Sepic couldn’t find evidence that the current hotel owner, the owner in 2012 when the pool heater was replaced or the person replacing the pool heater should be charged with a crime.
While no criminal charges will be filed, the Quality Inn owner and others face a civil lawsuit filed in mid-May in Berrien County Trial Court.
Ven Johnson of the Johnson Law firm of Detroit filed a lawsuit May 12 on behalf of Watts’ mother and seven other plaintiffs including other injured teens and hotel guests against Quality Inn & Suites franchise owner Jayesh Patel and Choice Hotels International. The lawsuit asks for compensation of $75,000 or more for the plaintiffs.
The lawsuit includes two counts of negligence for failing to properly maintain the indoor pool ventilation system and install carbon monoxide detectors and alarms.
The lawsuit has been assigned to Berrien County Trial Judge Dennis Wiley. Wiley was recently transferred to the trial court’s civil division, exchanging places with Judge Sterling Schrock. Johnson said at a May 19 press conference that he expects more action in the case later this summer with briefs exchanged by both sides and subpoenas issued.
Johnson noted that Michigan state law requires new commercial buildings to have carbon monoxide detectors but hasn’t put that requirement on older buildings.
He said he’d like to see federal legislation passed to make sure all commercial buildings like the Niles hotel are required to have carbon monoxide detectors. He noted that in the Midwest Indiana and Ohio have no laws, while Illinois has laws similar to Michigan. Wisconsin requires all commercial buildings to have detectors.