The Los Angeles County health worker has dominated a 16-year-old lady’s demise from blunt pressure head trauma an accident, elevating questions from her household about how thorough and conclusive officers have been with the case.
The lady’s mom has pointed to video from a surprising faculty combat that confirmed her daughter, Shaylee Mejia, hitting her head throughout the melee simply days earlier than she died. Her mom, Maria Juarez, blames the highschool for failing to guard her daughter, and doesn’t perceive how the health worker may rule the demise an accident.
The dedication of the style and reason behind the lady’s demise is only one of hundreds made by specialists every year in Los Angeles County — most of which go with out a lot discover, whereas others, such because the case of Shaylee, have raised questions concerning the course of.
Juarez instructed Univision this week that the dedication, made final weekend, has left her outraged and dissatisfied.
“I don’t know why they might name it an accident,” mentioned Luis Carrillo, a civil rights legal professional representing Juarez. He mentioned he requested details about how officers got here to such a conclusion, however no additional particulars have been shared. He didn’t know if the health worker’s investigation included reviewing the cellular phone video from the combat.
The deputy health worker “ought to see these movies earlier than she completely determines it was an accident,” Carrillo mentioned.
The Instances has requested the ultimate post-mortem report, but it surely hasn’t but been accomplished. Odey Upko, the chief health worker in Los Angeles County, declined to touch upon the case pending that closing report.
Carrillo and Juarez are actually contemplating acquiring an unbiased post-mortem, Carrillo mentioned.
Whereas discovering the style of demise an accident doesn’t robotically shut a case, a spokesperson for the Los Angeles Police Division mentioned Friday that the probe into Shaylee’s demise has been accomplished, citing the unintentional demise dedication. He didn’t cite any additional proof and referred additional inquiries to the health worker’s workplace.
An LAPD spokesperson had beforehand mentioned Shaylee had fallen earlier than her demise, however few different particulars had been offered.
Carrillo mentioned he’s nonetheless wanting into the case with plans to finally file a lawsuit.
The Instances spoke with forensic pathologist specialists about what an unintentional demise ruling means, how such a choice is made and if that dedication may finally change.
What’s a ‘method of demise’?
The way of demise is likely one of the two main determinations made following an post-mortem, together with the reason for demise.
“The way of demise is concerning the circumstances,” Upko mentioned. It is a dedication for a way an damage or illness led to somebody’s demise.
There are 5 doable conclusions for the style of demise:
- Pure: when a medical problem causes a demise, resembling a illness, coronary heart assault or pneumonia.
- Suicide: when somebody takes their very own life in an intentional act of self-harm.
- Murder: when the demise is the results of one other particular person, resembling from a taking pictures, stabbing or combat.
- Accident: when a demise is brought on by one thing unnatural however was additionally unintentional. This generally is a automotive crash, an overdose or a lethal fall.
- Undetermined: if an investigator can not discover sufficient proof to substantiate a dedication, this would be the discovering. That is not often utilized by medical experts, specialists mentioned.
This dedication is made after the physique is examined in an post-mortem and a further investigation is finished, mentioned Iain M. McIntyre, a forensic toxicologist guide who beforehand labored for nearly 20 years on the San Diego County Medical Examiner’s workplace.
“Usually instances the style of demise is just not apparent even after the post-mortem,” McIntyre mentioned.
How is that completely different from reason behind demise?
“The reason for demise is most frequently the medical purpose why the particular person died, …or what truly is accountable for the demise,” McIntyre mentioned. That is often fairly clear from the post-mortem, he mentioned, in contrast to the style of demise, which frequently takes extra time.
“The way of demise can take some time if the circumstance is just not very clear,” Upko mentioned.
Whereas there are solely 5 choices for the style of demise, there are numerous choices for the reason for demise — typically with a number of causes contributing to a demise.
How do forensic pathologists make such a choice?
“As soon as you establish the reason for demise, that’s step one, then method of demise is the second step,” Ukpo mentioned.
McIntyre mentioned the health worker will think about every little thing accessible.
“Hospital information, police reviews, reviews from their very own investigators, toxicology, histology reviews,” McIntyre mentioned, “and clearly post-mortem findings.”
Medical experts do their very own unbiased investigation to find out the style of demise, however Upko mentioned investigators can even think about police reviews or different investigative data.
“Ideally, what we’re purported to do is independently examine and take a look at the physique on our personal,” Upko mentioned. However, he mentioned “we will collect data from [a law enforcement] investigation as properly.”
Instances through which an damage led to a demise could make figuring out the style of demise difficult, the specialists mentioned, particularly when making an attempt to tell apart between an accident or a murder.
“You may’t make a dedication simply from the bodily damage,” McIntyre mentioned.
McIntyre and Upko each mentioned a manner-of-death dedication can change if new data later turns into accessible.
Upko mentioned movies will also be related to such an investigation, however he referred to as that very uncommon. He declined to say whether or not investigators reviewed video in Shaylee’s probe.
How is that dedication used?
Each specialists mentioned it’s vital to grasp that the style of demise is a medical dedication, not a authorized one. So legislation enforcement and prosecutors can use the health worker’s findings of their instances, however that doesn’t decide what occurs within the prison justice system.
“The authorized system works in a different way,” McIntyre mentioned. For instance, the style of demise might be dominated a murder, but it surely is probably not a criminal offense — resembling in instances of self protection.
There are additionally methods an unintentional demise may lead to somebody being held criminally accountable or liable in civil courtroom, resembling an overdose demise through which officers prosecute the drug seller.