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Judge renders verdict in fatality at Summit jail
By Ed Meyer
Beacon Journal staff writer
Published on Thursday, Aug 07, 2008
Summit County Sheriff's Deputy Stephen Krendick was found not guilty Wednesday in the 2006 death of 28-year-old jail inmate Mark D. McCullaugh Jr.
Visiting Judge Herman F. Inderlied Jr. of Geauga County, who heard the case without a jury, announced the verdict from the bench — three hours after the defense rested, following testimony in the morning by five Akron police officers.
Krendick, 35, faced one count of murder.
Appearing in the courtroom precisely at 4 p.m., clutching a yellow legal pad, Inderlied began his announcement by saying it was based on ''the evidence and law'' and that Krendick was ''not guilty of any crime.''
Krendick's family let out cheers as soon as they heard the words ''not guilty.''
Inderlied then said ''the defendant is discharged'' and left the courtroom without further comment as Krendick hugged his defense lawyers.
Assistant Cuyahoga County Prosecutor John R. Kosko, who handled the case, was handed a copy of Inderlied's findings of fact and conclusions of law — the reasoning behind the not guilty verdict.
Kosko said he could not comment on the findings because the document had not been filed in the office of the county clerk. It is expected to be filed this morning, he said.
After eight days of testimony, the analysis of dozens of investigative photos and dueling theories by forensic pathology experts, Kosko in his closing arguments urged the judge to ''go right to the science'' of the case.
George C. Sterbenz, the county's chief deputy medical examiner, performed the autopsy on McCullaugh, who died Aug. 20, 2006, within minutes of being saturated with pepper spray, according to his testimony.
Deputies who were at the jail that night testified that Krendick had what is known as ''the sergeant's can'' — a 16-ounce can of pepper spray intended for use in riots — and that he shot McCullaugh with it through an open flap in the cell door.
McCullaugh was handcuffed and shackled at the legs when he was sprayed, and he was kneeling over his bunk in what one witness called ''the praying position.''
Experienced pathologist
Kosko implored Inderlied to concentrate on Sterbenz's findings in rendering a verdict.
''We're not talking about an amateur here,'' Kosko said. ''We're talking about a veteran forensic pathologist — four years in New York City, years in New Jersey, four years in California, 3,000 autopsies.''
Kosko said, ''This isn't a kid out of medical school. This isn't a guy who doesn't know what he's doing. The autopsy itself took two days.
''And if the definition of a forensic pathologist is to investigate and to document the injuries that lead to death, Dr. Sterbenz went well beyond the call of duty here,''
Sterbenz testified last week that the cause of McCullaugh's death was asphyxiation from the combined effects of electrical, chemical and mechanical restraints on his airways.
He compared his findings on the fatal injury — severe burns to the windpipe from inhaling fumes from the pepper spray — to what happens in the throat of a victim who dies in a fire.
Krendick did not testify.
His attorneys, James M. Kersey and Robert C. Baker, rested after calling the Akron officers to testify about bizarre incidents involving McCullaugh in the weeks leading up to his death.
On June 25, 2006, McCullaugh placed a 911 call, saying ''Satan was after him,'' officer William Lagasse testified.
McCullaugh was holed up with a Bible in the basement of his residence, was shot with a Taser stun gun four times before he was under control, then kicked a female paramedic in the chest, Lagasse said.
In the incident that sent McCullaugh to the jail, on Aug. 7, 2006, the officers said McCullaugh was half-dressed on a city street and head-butted officer Gregory Kianos as Kianos tried to get control of his legs.
The defense used those incidents to argue McCullaugh had shown psychotic behavior long before his fatal struggle and that he was the aggressor on the night he died.
Stressful struggle
Kersey told the judge that McCullaugh brought about his own death by punching, kicking, biting and spitting at the deputies before they finally got him cuffed and shackled.
McCullaugh had a bad heart, and the stress from the struggle is what killed him, Kersey said.
Attacking the trial testimony of other deputies, who said they saw Krendick standing on top of McCullaugh's bunk and stomping on his head before Krendick used the pepper spray, Kersey told the judge their eyewitness accounts were impossible to believe.
''The setting in this case is extremely important,'' Kersey said.
McCullaugh's cell ''is in the corner,'' Kersey said. ''In order to look into that jail cell, you have to be directly in front of the door. You can't be on the right side, and it's impossible to be on the left.''
Those facts were important, Kersey said, because Deputy Keith Murray said four or five deputies were inside the cell during the struggle and six to eight were outside.
Kersey said that many deputies would have blocked the view of anyone looking into the cell.
Murray was one of the deputies who said he saw Krendick on top of the bunk, with McCullaugh cuffed and shackled in a kneeling position minutes before he was sprayed.
Ed Meyer can be reached at 330-996-3784 or emeyer@thebeaconjournal.com.
Summit County Sheriff's Deputy Stephen Krendick was found not guilty Wednesday in the 2006 death of 28-year-old jail inmate Mark D. McCullaugh Jr.
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