MONROE - The civil case concerning the death of a teen who was incarcerated in the Green County Jail will proceed despite a lack of evidence into the nature of the boy's death, Judge Thomas Vale ruled Monday.
The claim alleges that a wrongful death occurred and seeks claims against local and state governmental agencies, officers and employees.
Kyle Peotter, 17, was found unresponsive and not breathing in his cell bed on Jan. 30 and was pronounced dead at the jail. It has been alleged that Peotter died of a methadone overdose; methadone is a synthetic opiate used to treat severe chronic pain and heroin dependence.
Plaintiff and defense attorneys appeared by telephonic conference Monday to hear Vale's decision. A dismissal was possible due to the lack of discovery and evidence to support that a wrongful death occurred. Michael Witt, representing Amber and Michael DeGraff, Peotter's mother and stepfather, said in Green County Circuit Court that due to an ongoing investigation by the District Attorney's office, they have not disclosed any information into Peotter's death for fear of witnesses absconding.
"We are just kind of fumbling around in the dark here," Witt said.
Defense attorney Michele Ford alleged that Witt's original claim made in May 2013 did not bring actionable cause to proceed in the case and should be dismissed. Vale decided against dismissal on the grounds that evidence has been unavailable to both sides in this case. Vale's decision is not a final ruling but allows for the case to proceed. A telephonic scheduling conference was set for Sept. 4, to give both attorneys ample time to contact the D.A.'s office and obtain any information available.
Peotter had been in jail five months before he died. He was jailed on Sept. 27 after getting arrested for felony charges of vehicle theft and contributing to the delinquency of a minor. His arrest came after a summer of numerous run-ins with Monroe police for minor infractions, like drawing graffiti, being disorderly and trespassing.
Witt said he will send a letter to the D.A. for inquiry into the status of the investigation to determine if there is any evidence available. He asked Vale for enough time seek information into the Peotter investigation to avoid stalling the case for more discovery.
"I don't want to go in chasing our tails with only flight and fancy," Witt said.
The claim alleges that a wrongful death occurred and seeks claims against local and state governmental agencies, officers and employees.
Kyle Peotter, 17, was found unresponsive and not breathing in his cell bed on Jan. 30 and was pronounced dead at the jail. It has been alleged that Peotter died of a methadone overdose; methadone is a synthetic opiate used to treat severe chronic pain and heroin dependence.
Plaintiff and defense attorneys appeared by telephonic conference Monday to hear Vale's decision. A dismissal was possible due to the lack of discovery and evidence to support that a wrongful death occurred. Michael Witt, representing Amber and Michael DeGraff, Peotter's mother and stepfather, said in Green County Circuit Court that due to an ongoing investigation by the District Attorney's office, they have not disclosed any information into Peotter's death for fear of witnesses absconding.
"We are just kind of fumbling around in the dark here," Witt said.
Defense attorney Michele Ford alleged that Witt's original claim made in May 2013 did not bring actionable cause to proceed in the case and should be dismissed. Vale decided against dismissal on the grounds that evidence has been unavailable to both sides in this case. Vale's decision is not a final ruling but allows for the case to proceed. A telephonic scheduling conference was set for Sept. 4, to give both attorneys ample time to contact the D.A.'s office and obtain any information available.
Peotter had been in jail five months before he died. He was jailed on Sept. 27 after getting arrested for felony charges of vehicle theft and contributing to the delinquency of a minor. His arrest came after a summer of numerous run-ins with Monroe police for minor infractions, like drawing graffiti, being disorderly and trespassing.
Witt said he will send a letter to the D.A. for inquiry into the status of the investigation to determine if there is any evidence available. He asked Vale for enough time seek information into the Peotter investigation to avoid stalling the case for more discovery.
"I don't want to go in chasing our tails with only flight and fancy," Witt said.