JOHNSTON, Iowa — The 15-year-old suspect in the assault that led to an Ellipsis staff member’s death is being charged with second-degree murder, the Johnston Police Department confirmed Thursday.
The victim was 50-year-old Kathleen Galloway-Menke. According to police, she died days later from injuries related to the assault.
Her family is now considering filing a lawsuit.
Local 5 sat down with Trever Hook, the lawyer who’s representing Galloway-Menke’s estate and is working with her family.
“We’re doing an investigation as you do in any type of case, especially involving a death, to see if there are other avenues or legal actions or causes of action that can be maintained. Don’t know the answer to that yet," he said.
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It all started with a 15-year-old resident running away from the Ellipsis group home.
“Kathleen — and there was up to five other staff members and another individual in a vehicle — were all following this youth,” Hook said.
He added that staff there are instructed to follow runaways at a safe distance, which is what they did.
The teenage suspect suddenly ran across the street, shoving Galloway-Menke, according to Hook.
“She went airborne, landed on her head first against the sidewalk, causing brain damage," Hook said. "And ultimately that’s what led to her death."
Hook believes the suspect had threatened to kill Galloway-Menke in the past, including the day of the incident.
One of the concerns he's looking into is whether or not safety protocols were adequate in this case, especially for female staff.
“I mean, she’s a very tiny gal and some of these youth, even though they are youth, are good sized and they’re in there, by definition, because they have behavioral issues," Hook said.
According to a police report, Galloway-Menke stood at 5 foot and 119 pounds, while the suspect was 6 foot and 200 pounds.
Hook is also looking into workers compensation for Galloway-Menke among other concerns.
When asked about the policy for handling runaways, a media contact for Ellipsis sent Local 5 the following statement:
"Our policy is to alert the local law enforcement whenever a youth leaves our premises without permission. This is because clients are court-ordered to our facility. We keep the youth in sight, as best we can, until local law enforcement arrives so we can keep police informed and to minimize potential harm to the youth or anyone else in the community.
We believe this is an isolated and tragic outcome — one we have never experienced in our history as an organization. Some of our youth have experienced severe trauma in their young lives, and our staff are incredible at connecting with and supporting them in a safe manner."
Local 5 asked the spokesperson for more details on how the incident played out, but Ellipsis cannot comment due to the ongoing investigation.
Hook said that Galloway-Menke’s daughters describe her as an absolute light who dedicated her life to kids. She worked in special education at a local school for 25 years before joining Ellipsis to work with troubled youth.