Four arrested in connection to death of 5-year-old after hyperbaric chamber explosion

TROY — Michigan Attorney General Dana Nessel announced charges against the owner of the Oxford Center and three employees in connection with the death of 5-year-old Royal Oak resident Thomas Cooper.

At 7:54 a.m. Jan. 31, the Troy Police Department and the Troy Fire Department responded to a report of a hyperbaric chamber explosion at the Oxford Center, located at 165 Kirts Blvd.

The explosion killed Cooper and caused injuries to his mother’s arms, as she was standing close to the chamber.

The Oxford Center provides therapy for children with various health conditions, including autism, ADHD and autoimmune diseases, through hyperbaric oxygen therapy treatment.

“Due to many failures by men and women who would call themselves medical professionals and wanton or willful disregard for the likelihood their actions would cause the death of a patient, 5-year-old Thomas Cooper was killed when a fire erupted inside the pressurized, pure-oxygen environment inside the chamber,” Nessel said during a press conference via Zoom March 11. “A single spark, it appears, ignited into a fully-involved fire that claimed Thomas’ life within seconds.”

Nessel said that fires inside a hyperbaric chamber are considered a terminal event and would almost certainly be fatal. During the investigation, aside from assistance from Troy police, fire and medical personnel, experts on hyperbaric chambers and treatments were also consulted.

“Obviously, there will be much we cannot yet fully discuss or disclose until such items are entered into discovery, or as evidence, but suffice it to say for now that the Oxford Center routinely operated sensitive and lethally dangerous hyperbaric chambers beyond their expected service lifetime and in complete disregard of vital safety measures and practices considered essential by medical and technical professionals,” Nessel said. “To name only some of the safety standards completely disregarded by the Oxford Center staff on this tragic day … The daily maintenance check was not performed; the pre-dive safety check was not conducted with the now-deceased patient; there was no medical doctor or safety supervisor on the premises at the time of the treatment; the treatment was not performed by a licensed technician; yearly inspections of the hyperbaric chamber, as suggested by the manufacturer, were not conducted; and the essential patient-worn grounding strap was not used.”

According to a press release from the Michigan Department of Attorney General’s Office, both the National Fire Protection Association and Sechrist, the manufacturer of the hyperbaric chamber, publish strict safety protocols that must be followed before treatment. However, it is alleged that these standards were “deliberately discarded at the time of Cooper’s death.”

“This tragedy could have been prevented if proper safety protocols were followed,” Nessel said in a press release. “Instead, deliberate negligence and a blatant disregard for safety cost a child his life. I appreciate the investigatory efforts of the Troy Police Department. My office remains committed to seeking justice for Thomas and holding those responsible accountable.”

Oxford Center owner Tamela Peterson, a 58-year-old resident of Brighton; Jeffrey Mosteller, a 64-year-old safety manager from Clinton Township; and Spring Arbor resident Gary Marken, a 65-year-old primary management assistant at the facility, each face one count of second-degree murder, a potential life offense, or alternatively, one count of involuntary manslaughter, a 15-year felony, according to the release.

The operator of the hyperbaric chamber, 60-year-old Rochester Hills resident Aleta Moffitt, was charged with one count of involuntary manslaughter. Moffitt also faces a charge of intentionally placing false information on a medical record.

“After cooperating with multiple investigations starting immediately after the tragic accident in January, we are disappointed to see charges filed,” a representative from The Oxford Center said in an email. “The timing of these charges is surprising, as the typical protocol after a fire-related accident has not yet been completed. There are still outstanding questions about how this occurred. Yet, the Attorney General’s office proceeded to pursue charges without those answers. Our highest priority every day is the safety and wellbeing of the children and families we serve, which continues during this process.”

The Oxford Center’s Brighton location at 7030 Whitmore Lake Road is also under investigation.

The criminal investigation was conducted by the Troy Police Department. The defendants are in custody and awaiting arraignment.

“After an extensive and difficult investigation, these arrests reflect the dedication and commitment of our investigators through this process,” Troy Police Department Chief of Police Josh Jones said in a press release. “We appreciate the partnership with the Michigan Attorney General’s Office leading up to the arrests yesterday and as we move forward.”

Peterson, Marken, and Mosteller have been charged with second-degree murder and involuntary manslaughter.

Peterson was given a $2 million cash bond, while Marken and Mosteller were given a $250,000 cash bond. Moffitt was given a $100,000 cash bond.

“First and foremost, this was a tragic accident, and our thoughts and prayers go out to the family of this little boy,” Raymond Cassar, Marken’s attorney, said in an email. “It is important to understand that this was an accident and not an intentional act. We realize that everyone wants answers to how this happened, but that will have to be left up to the experts. I can tell you that my client is 65 years old and has never been in trouble before. The charges against him come as a shock to both him and his family as Mr. Marken was not involved with the overseeing of the hyperbaric chamber. We do not have access to the police reports yet, so we are limited in our knowledge of the facts that brought about second degree murder charges. However, we have great faith in our system of justice, and we will represent Mr. Marken accordingly.”

Moffitt is being represented by attorney Ellen K. Michaels.

“First and foremost, my heartfelt prayers and deepest sympathies go out to the family of the young boy involved in this tragic incident,” Michaels stated via email. “This event has had a profound impact on so many, including my client, the community, and the first responders. I pray for healing for all those affected. Aleta Moffitt is a dedicated professional with many years of experience in the healthcare industry. She has always been a committed and hardworking individual, adhering to all corporate policies and procedures while prioritizing the well-being of her patients. As we move forward, we will carefully review all discovery materials provided by investigators and conduct a thorough analysis with the assistance of experts. We ask for patience and fairness as this process unfolds.”

At press time, Mosteller did not have an attorney listed. Peterson’s attorney, Gerald J. Gleeson II, did not respond to an opportunity to provide comments by press time.