A nonprofit publication of the Kentucky Center for Public Service Journalism

KyCIR: Juvenile Justice commissioner removed following death of teen in state-run detention center


By R.G. Dunlop
Kentucky Center for Investigative Reporting

A major shakeup has occurred in the Kentucky Department of Juvenile Justice, less than a month after 16-year-old Gynnya McMillen died in a state-run detention center.

Commissioner Bob D. Hayter, who had run the agency since November 2014, is gone, according to sources and an employee in Hayter’s former office. Hayter had been with the department since 2006, first as a regional director, later as deputy commissioner of support services.

Stacy Floden, the department’s director of communications, also has left, WFPL’s Kentucky Center for Investigative Reporting has learned. Sources and an employee in her former office confirmed her exit.

An employee at Lincoln Village Regional Juvenile Detention Center in Hardin County, who had failed to make mandated bed checks on Gynnya, was also dismissed.

Former Commissioner Bob D. Hayter (Photo Provided)

Former Commissioner Bob D. Hayter (Photo Provided)

Hayter’s and Floden’s departures came on the heels of the Jan. 11 death of Gynnya McMillen. Hers was the first death in a state-run juvenile-detention center since 1999.

The DJJ is part of the state Justice and Public Safety Cabinet.

“There’s nothing to talk about,” Hayter told KyCIR. “You work at the pleasure of the governor, and they decided they no longer need my services.”

Hayter said he had “no idea” why he was terminated, or whether it was related to Gynnya’s death. “They generally don’t tell you,” he said.

Floden could not be reached for comment.

Investigations into Gynnya’s death are continuing, and the DJJ so far has disclosed minimal information about the circumstances surrounding it. But the agency has acknowledged that she was not properly monitored by Lincoln Village staff in the hours prior to her death, and that she was physically restrained by staff after refusing to remove her hooded sweatshirt. (Read KyCIR’s continuing coverage of Gynnya’s death.)

Reginald Windham, a Lincoln Village employee, was suspended after Gynnya’s death for failing to follow policy by not conducting the “bed checks” required at 15-minute intervals, and for falsifying documentation of the detention center’s “room observation log.” He was fired on Friday, according to the DJJ.

Windham had a disciplinary record at Lincoln Village dating back to 2006, including two incidents in which he was found to have used excessive force against a resident, as first reported by BuzzFeed.

Following one of those incidents, documents show, Windham was suspended for five days in January 2007 for using “inappropriate and excessive force” resulting in an injury to a youth at Lincoln Village, and also for using “verbal threats of harm” toward him. In addition, a department investigation concluded that Windham falsified a report in connection with the encounter.

The second instance of excessive force, in which Windham was found to have dragged a female juvenile into her cell by her feet, resulted only in a reprimand, issued to Windham in July 2010, documents show.

The Justice and Public Safety Cabinet issued the following statement:

statement

The Kentucky Department of Juvenile Justice is one of five departments under the state Justice and Public Safety Cabinet. The department is responsible for prevention programs for at-risk youth, court intake, pre-trial detention, residential placement/treatment services, probation, community aftercare/reintegration programs and youth awaiting adult placement or court.

Floden was the department’s main spokesperson following Gynnya’s death as the state was inundated by media requests for documents and responses to questions. Before joining state government in 2006, Floden was a sports anchor for WKYT-TV in Lexington.

Gynnya McMillen (Photo Provided)

Gynnya McMillen (Photo Provided)

Officials have said Gynnya was discovered “in a sleeping position” in a “secure” room at Lincoln Village on Jan. 11, and appeared to have died in her sleep. The Hardin County coroner said there were no obvious signs of trauma or a drug overdose, and that toxicology and other reports may take several weeks or more to complete.

Justice Cabinet Secretary John Tilley has asked that the medical tests be expedited. State Police have said “no foul play” is suspected.

Ron Hillerich, a Louisville attorney representing Gynnya’s mother and the teen’s estate, called news of Windham’s dismissal, “too little too late.”

Given Windham’s past record, Hillerich said, he was at a loss to explain “why someone with the department didn’t relieve him of his duties before now.”

Hillerich declined to comment on Hayter’s departure until he learned more about it.

This story was produced by the Kentucky Center for Investigative Reporting, a nonprofit news organization. R.G. Dunlop is an award-winning investigative reporter whose work has exposed government corruption and resulted in numerous reforms. In a 35-year career at the Courier-Journal, he served as Eastern Kentucky bureau chief, Legal Affairs reporter, City Editor, and State Enterprise Reporter. Dunlop is a three-time finalist for the Pulitzer Prize and was twice a member of teams that won George Polk Awards. He can be reached at rdunlop@kycir.org or (502) 814-6533.


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