Judge rejects Oxford Center CEO’s request to quash murder charge in therapy chamber fire

Jeffrey Mosteller, the Oxford Center’s safety director; Gary Marken, the primary management assistant at the facility; and Peterson were each charged with second degree murder and involuntary manslaughter, while Aleta Moffitt, who operated the hyperbaric chamber Cooper was treated in, was charged with one count of involuntary manslaughter and one count of medical records – intentionally placing false information on chart.

Mosteller entered a no contest plea for involuntary manslaughter on Tuesday as part of a plea agreement. He could face between 19 months and 15 years in prison.

On April 30, Peterson’s attorneys filed a motion to quash the second-degree murder charge arguing that Peterson did not hold criminal intent to murder when she allowed Thomas to use the hyperbaric chamber without a grounding strap on his wrist, which the prosecution argues would have prevented the fire by dissipating static electricity. 

“Mrs. Peterson did not intend to create a very high risk of death for Thomas with knowledge that Thomas’s death was the probable result,” the motion reads. “Indeed, the evidence showed that Mrs. Peterson herself used the hyperbaric chambers without a grounding strap. Her husband used the chambers approximately 40 times without a strap. Her father used a chamber nearly every day without a strap. Her daughter, friends, employees, and employees’ family members also used the chambers without straps. Mrs. Peterson obviously did not have murderous intent for herself and all of her close family members, friends, and colleagues, each and every time they entered the chamber.”

In their response, the prosecution argued that by banning the use of grounding straps during hyperbaric oxygen therapy at the Oxford Center, Peterson had exhibited wilful and wanton disregard for the likelihood that her actions would result in death or great bodily harm.

“The prosecution is not required to prove that the defendant actually intended to harm or kill,” they wrote. “Instead, the prosecution must prove ‘the intent to do an act that is in obvious disregard of life-endangering consequences.’”

At a Wednesday motion hearing, Judge Kwamé Rowe of Oakland County’s Sixth Circuit Court denied Peterson’s motion.

Gerald Gleeson, an attorney representing Peterson, told Michigan Advance in an email that they would be appealing the decision, though it may be a few days before the appeal is filed.

Rowe has stayed proceedings pending Peterson’s appeal.