Gargling Milk ... Grounds to Kill?

On May 25, 2006, 7-year-old Angellika lost consciousness after being restrained at the Rice Lake Counseling and Guidance Center, in Wisconsin. She died the next day in Minneapolis, where she was hospitalized. The medical examiner of Hennepin County (Minnesota) ruled her death a homicide (death caused by another person).

Angellika had been attending the Center five days a week for the previous month. She was placed in a "control hold" for one to two hours. She was held on her stomach on the floor, with one staff member gripping her ankles as another holding down her shoulders. She calmed down, was released, and then passed out. The reason she was restrained? She was gargling milk.

I spoke with Angela Holmstrom, the district attorney of Barron County Wisconsin, who is handling the case. She assures me that the case is being thoroughly investigated and reviewed by her office, as well as the local police, Attorney General, and Department of Justice. In May, Holmstrom's office stated that it did not expect to decide before July 15 whether to press criminal charges against the two people who restrained her.

Here we are ... three and a half months later ... and still no decision on whether to file a criminal charge.

The two staff members who restrained Angellika were immediately placed on paid administrative leave.

The Wisconsin Department of Health and Family Services conducted an investigation of the Rice Lake Center, after Angellika's death, and issued its findings in mid-June 2006. The report cited numerous violations. The most alarming fact is that the clinic used physical restraint procedures on Angellika, despite the fact that her treatment plan contained no mention of the use of restraint as part of her treatment! The clinic failed to seek and obtain such approval. But they used it on her anyway, resulting in her death.

According to the District Attorney, the one thing stopping them from filing criminal charges against the Center and employees is that they don't think they can prove that there was criminal intent (intention to kill).

There is, however, the crime known as manslaughter. Manslaughter does not require the District Attorney to prove criminal intent.

There is only one similar case I know of where the caregiver was prosecuted: In February 2004, Indiana daycare worker Courtenay [correct spelling] Scott pleaded guilty in the death of 2-year-old Alexis Williams. Scott restrained Williams by putting her legs on top of the girl, when she would not lie down for a nap. Scott was sentenced to two years probation, including six months home detention.

To show your support for this family and to request that charges of manslaughter be filed against Rice Lake Counseling and Guidance Center in Wisconsin, as well as the two employees, please send a letter to:

Angela L. Holmstrom, District Attorney
Barron County Justice Center
1420 State Hwy 25 North - Room 2301
Barron, WI 54812-3003

or email dabarron@mail.da.state.wi.us
or call (715) 537-6220