STATE OF INDIANA
COUNTY OF VERMILLION
State of Indiana
Vs
Orville Lynn Majors Jr.
PROBABLE CAUSE
AFFIDAVIT
IN THE VERMILLION CIRCUIT COURT
CAUSE NO. 83C0 1-971 2-CF -0074
DEC 29 1997 Clerk Vermillion Circuit Court
Detective Frank Turchi with the Indiana State Police,
having affirmed under the penalty of perjury, says that:
He is a detective with The Indiana State Police
Department having been a member of that department for 23 years. That he
hereby makes this affidavit for the purposes of establishing probable
cause for the issuance of an arrest warrant for Orville Lynn Majors Jr.,
DOB: 4/24/61, for multiple counts of homicide more fully set forth below.
He believes and has probable cause to suspect that Orville Lynn Majors
Jr., (hereinafter referred to as Majors), while employed as a licensed
practical nurse at the Vermillion County Hospital in Clinton, Indiana,
did knowingly kill certain human beings in violation of IC 35-42-1-1
(1). In support of his belief that probable cause exists for the
issuance of an arrest warrant for Majors, your Affiant would show the
court that:
On or about March 8th, 1995, he was contacted by
Chief Jerry Stateler of the Clinton Police Department and asked to meet
with attorney Joe Beardsley, the attorney for the Vermillion County
Hospital, and John Ling, the hospital administrator. He met with these
individuals on two occasions. The information presented to your Affiant
at these meetings established that Dawn Stirek, the Director of the
Intensive Care Unit for the Vermillion County Hospital, had conducted a
study (apparently on her own initiative) for purposes of investigating
the abnormal mortality rate present in the Intensive Care Unit. A
mortality summary for the Vermillion County Hospital, prepared by Stirek,
established that historically there had been the following number of
deaths in the Intensive Care Unit:
1990 - 29
1991 - 24
1992 - 25
1993 - 31
1994 - 101
The total admissions for the hospital during the
above time period were:
1990 1991 1992 1993 1994
394 324 356 341 351
The study that Stirek performed concluded that one
particular nurse, Majors, was inordinately associated with a higher
number of codes and or deaths for the time period covered by her study.
The Stirek study further set forth the respective nurses on duty and the
hours they worked and the deaths or codes per hour worked by each nurse.
The results were as follows (.Lynn. refers to Majors):
1994 - (Full year)
EMPLOYEE WORKED CODES OR/ CODES/ HOURS DEATHS PER
HOUR
Andrea
Jennifer 140.8 0 0.0
Lynn 1,614.4 79 20.4
Sharon 1,975.8 49 40.3
Marilyn 1,447.8 15 98.5
Marty 2,002.5 17 117.8
Debbie 1,440.0 5 288.0
Linda 1,803.1 5 320.6
Maureen 1,061.1 3 353.7
Bill 2,291.1 6 381.9
Jane 1,862.7 4 465.7
Mary Ann 990.8 2 495.4
Average 1,433.7 16.8 234.6
1993 (4/1/93 - 12/31/93)
Debbie B.
Andrea
Lynn 837.9 20 41.9
Marilyn 958.8 13 73.8
Maureen 435.1 3 145.0
Mary Ann 1,756.4 7 250.9
Jane 1,281.6 4 320.4
Jennifer 761.2 2 380.6
Debbie H. 1,018.4 2 509.2
Linda 1,070.3 2 535.2
Sharon 1,110.9 2 555.4
Marty 1,295.0 1 1,295.0
Average 1,052.6 5.6 410.7
Note:
1. Worked hours taken from P/R registers. Does not
include benefit hours, such as vacation, sick or holiday.
Based upon the association between the occurrence of
excess mortality in the presence of a particular nurse, (Majors), the
Indiana State Police undertook a massive investigation. The
investigation attempted to determine whether or not the mortality rate
was, in fact, excessive and to further determine whether or not the
excess mortality rate could be attributed to criminal acts. Several
detectives were assigned to the investigation and medical specialists
were asked to review patient charts. An office was established in
Clinton to provide a base for this investigation.
The medical specialists who assisted the
investigators were:
Dr. Michael Olinger: Director of the Emergency
Medicine and Trauma Center, Methodist Hospital, Indianapolis, Indiana
Dr. John A. Heidingsfelder: Forensic Pathologist,
Evansville, Indiana
Dr. Mark M. LeVaguhn: Forensic Pathologist, Regional
Medical Center, Department of Pathology Madison, Kentucky
Dr. Brent Furbee: Poison Center, Methodist Hospital,
Indianapolis, Indiana
Dr. Roland B. McGrath: Intensivist, Wishard Hospital,
Indianapolis, Indiana
Dr. Eric Prystowsky: Electrophysiologist, Northside
Cardiology, Indianapolis, Indiana Betsy Fields, RN, BSN: Jamestown,
Indiana
Dr. Michael Evans: Toxicologist: AIT Laboratories,
Indianapolis, Indiana
Certain materials were also reviewed by:
Dr. Bruce Waller: Cardiac Pathologist, Nasser, Smith
and Pinkerton, Indianapolis, Indiana.
And Dr. Michael J. Buran: Director of the Neuro-Intensive
Care Unit, Methodist Hospital, Indianapolis, Indiana.
In addition to the aforesaid medical specialists, an
independent Epidemiology study was commissioned by the investigative
team. Dr. Steven Lamm of Washington, DC conducted this study. A copy of
the report prepared by Dr. Steven Lamm is attached as exhibit A to this
affidavit.
After reviewing patient files and records from 1991
to 1996, Dr. Lamm's conclusions are as follows:
1. The mortality at the Vermillion County Hospital
reached epidemic proportions from July, 1994 through December, 1994.
2. The increased mortality occurred in the Intensive
care Unit.
3. One Intensive Care Unit nurse was uniquely and
very strongly associated with that mortality.
4. No other service or service provider shows any
association that even approximates in magnitude that of the ICU nurse.
As part of his analysis, Dr. Lamm also concluded that
certain alternative causative factors could be discounted. Specifically,
the age of the patient population, the number of admissions, and the
severity of illness of the patient population could not account for the
excess mortality.
After receiving the Lamm study, the investigators
obtained the employee code information which established that nurse 133
identified in the study is, in fact, Majors. Based upon the odds ratio
set forth on appendix A in the study, it was concluded that if Majors
were working on a particular day, the likelihood of someone dying in the
Intensive Care Unit was 42.96 times greater than it would be if he were
not working.
Investigation of hospital records revealed that
during the epidemic period (July through December 1994) 67 (sixty-seven)
people died in the Intensive Care Unit, and Majors was working when 63
of these patients died.
The information independently generated by the
investigators concerning the correlation between Majors and those who
died in the ICU Unit during the (22) twenty-two month period that he was
employed established that Majors worked 2,795.2 hours or 15% of the
total hours worked. One hundred and twenty-one 121 people died in the
Intensive Care Unit during the hours worked by Majors during the twenty-two
(22) month period. Twenty-six (26) people died in the Intensive Care
Unit during the hours not worked by Majors.
From March 1, 1993 to March 31, 1995, (the dates of
Majors employment), a death occurred every 23.1 hours that Majors was
working. When he was not working (during the same period of time) one
death occurred every 551.6 hours.
During the epidemic period identified by Dr. Lamm the
investigators determined from a review of the medical records that in
July of 1994 there were ten (10) deaths in the Intensive Care Unit. Nine
(9) of these deaths occurred while Majors was working.
For the month of July, Majors worked 173.2 hours; one
person died for every 19.24 hours while he was working. During the 570.8
hours in the month of July when Majors was not working, only one person
died.
In August of 1994, there were ten (10) deaths in the
Intensive Care Unit, and Majors was working when all ten (10) deaths
occurred. He worked 182.1 hours for that month. A person died every
18.21 hours that he worked. No one died during the 561 hours that he was
not working.
For September, 1994, there were twelve 12 deaths in
the Intensive Care Unit and Majors was working for each of these deaths.
During that month he worked 183.3 hours and did not work 536.7 hours. A
person died every 15.27 hours that Majors worked. While he was not
working, a death occurred every 536.7 hours.
In October of 1994, there were fourteen 14 deaths in
the Intensive Care Unit.
Thirteen 13 deaths occurred on Majors' shift. He
worked 199.7 hours and did not work 544.3 hours. A death therefore
occurred every 15.36 hours while he was working.
When he was not working, a death occurred every 544.3
hours.
In November of 1994, there were nine 9 deaths in the
Intensive Care Unit eight 8 while Majors was working. He worked 153.8
hours and did not work 566.2 hours. While n Majors was working, there
was one 1 death every 19.2 hours and when he was not working there was
one 1 death every 566.2 hours.
For December of 1994, there were fourteen 14 deaths
in the Intensive Care Unit and Majors was working for all fourteen 14
deaths. He worked 151.0 hours and did not work 593.0 hours. A death
occurred every 10.82 hours while Majors was working. When he was not
working, no one died.
Other information generated by the investigators
pertaining to Major's presence and circumstances surrounding deaths in
the Intensive Care Unit revealed that it was common knowledge that the
deaths occurred while Majors was working. Marilyn Alexander, a nurse in
the Intensive Care Unit, reported to your investigators that she first
became aware in October, 1993, of the increasing death rate and began
tracking on her personal calendar the number of deaths. She stopped in
1994 when she no longer was assigned to work with Majors. The
investigators learned from nurse Debbie Sollars that on October 11,
1994, she approached Judy Howard, the Director of Nursing, stating that
she was concerned about the death rate in the Intensive Care Unit. Nurse
Bill Balla, another nurse, reported to your investigators that he
reviewed the Intensive Care Unit log in December of 1994 and found that
deaths occurred during Majors' shift. He found that 86% of the people
died when Majors was working. There was no discernible pattern with
regards to the schedules of the other nurses.
Investigators learned that Sharon Calvert, a nurse in
the unit, went to Dr. Elias in December of 1994 questioning her own
ability because a large number of patients were dying when she was
working. She further stated that she found it unusual that patients who
were dying had respiratory arrest then an arrhythmia. Based upon her
nursing experience, she felt that it should be the reverse.
Nurse Martha Starkey stated to the investigators that
the subject of the increase in deaths was a matter that people joked
about and that Majors was the focus of the attention concerning these
deaths. Marjorie Frye, an Emergency Room Medical Technician, noticed
that the deaths followed Majors' shift. She noticed this because she
worked the same shift as Majors.
Thomas Della-Penna, an X-ray Technician, stated to
the investigators that he noticed codes on weekends and around shift
changes when Majors was working. Patty Wilson, a nurse, told
investigators that several patients were fine when she left her shift
only to return to her next shift and discover that they had died when
Majors was working. Martha Starkey indicated to the investigators that
when Majors' shift changed to the weekends, the deaths followed him
accordingly. She further told the investigators that patient in her 70's
or 80's in room 223. She left for five minutes to get another unit of
blood. She returned finding Majors coming out of the room stating that
the patient had just died. She additionally remembered another female
patient who had died after the shift change. According to Starkey she
was holding steady. when Majors came out of the room and stated She's
dead.
Nurse Jane Garrison told Nurse Sharon Calvert that
the nurses on the night shift were making bets as to who would die the
next day when Majors was working. Calvert further stated to the
investigators that many of her patients in ICU would die when she went
to lunch and Majors was in the ICU unit working alone.
The investigators learned from hospital personnel
that Majors was often left alone and unsupervised in the Intensive Care
Unit. Nurse Joann Powell stated that she observed Majors as the only
nurse in the ICU several times in February and March of 1995. Kathy
Clouse, the Medical Surgical Secretary, stated that Majors worked alone
in ICU on many occasions. Dawn Stirek, Maureen Love, Karen Sue Cox and
Nadine Shonk confirmed this. Nadine Shonk further told the investigators
that Judy Howard and Dawn Stirek told her that Majors needed no direct
supervision.
Patty Young, a licensed practical nurse, also stated
that Majors often worked alone in ICU. Marlene Carlson, an employee,
noticed that Majors was alone when she would deliver food trays. Judy
Howard stated that Majors was occasionally left alone when other nurses
went to lunch. Jackie Donald noticed that Majors worked alone in ICU.
She further stated that, in fact, Majors was scheduled to be alone for
certain shifts. Amy Krabel, a nurse's aide, saw him alone in ICU. Judith
Wagle, a licensed practical nurse, saw him alone in ICU. Cindy Nicoson,
a RN, saw him alone in ICU. Marty Brown also stated that there were
times when Majors was working alone in the Intensive Care Unit. Jane
Garrison also saw Majors work alone and administer medications in the
Intensive Care Unit.
The investigators further learned that in July of
1994, the beginning of the epidemic period, Majors underwent a
personality change. Sharon Calvert and Marty Brown told the
investigators that they noticed such a personality change in that Majors
began to be much more irritable. He would become wild-eyed and almost
uncontrollably irate. This especially true when he felt that things did
not go his way or someone criticized him.
Contemporaneous with the information developed by the
investigators, the medical specialists reviewed one hundred and
sixty-five (165) patient charts. These charts consisted of one hundred
and forty-seven (147) patients who died in the Intensive Care Unit
during the twenty-two 22 month period Majors was employed. There were
added to this group certain charts of patients who died in the
Medical/Surgical Unit of the hospital if the investigators believed they
were suspicious.
The medical team identified certain patterns in the
deaths of those people who died while Majors was working. These patterns
fall within two categories.
They are:
1. The pattern denoted by the widening of the QRS
complex as exhibited on the electrocardiograph (EKG) strips.
2. The pattern denoted by the manifestation of
hypertension tachycardia where patients with no previous history of high
blood pressure suddenly, without explanation, experience a dramatic
increase in blood pressure.
The medical team further noticed that many patients
who died in the Intensive Care Unit, while Majors was working, died
suddenly and unexpectedly. Several cases involved situations where a
patient was doing fine, improving, or otherwise stable, then, suddenly
died. Furthermore, the twenty-six (26) people who died in the Intensive
Care Unit when Majors was not working, did not exhibit the same
characteristics of those patients who died while Majors was working.
Those who died while Majors was not working exhibited, among other
things, progressive hypotension and not a sudden rise of blood pressure
or a widening of the QRS complex.
Your Affiant learned from the medical experts that
the widening of the QRS complex was particularly significant for
purposes of understanding the circumstances surrounding the phenomena of
sudden deaths in ICU during the period in question. Your Affiant further
was told that the electrocardiogram (EKG) is a useful clinical tool for
the recognition of electrolyte imbalance especially in relation to
potassium. The condition known as hyperkalemia, or the presence of
excessive amounts of potassium in the blood, has certain particular EKG
signs. These are tall, narrow, and peaked T waves, decrease of the
amplitude of the P wave or an absent P wave and a widening of the QRS
complex. As the serum level of potassium increases the QRS complex
becomes prolonged or widened. This is especially true when the serum
potassium concentration exceeds 6.5 milliequivalents per liter.
Excessive amounts of potassium would, in the opinion
of Dr. Eric Prystowski, account for the suppression of electrical
activity in the heart. This can cause sudden death. This can be detected
by the widening QRS pattern on the EKG strips. It was, therefore, the
opinion of the medical team, that certain deaths could be explained by
an injection of a substance into that particular patient that would
suppress the conduction of electricity by the heart. Potassium would
cause this condition when injected, in an undiluted form, directly into
an IV line.
According to the medical experts, the pattern denoted
by hypertension tachycardia is consistent with the exogenous
administration of a catechcholamine. Such a catechcholamine is
epinephrine and the hypertension tachycardia pattern is consistent with
the injection of a substance like epinephrine into a particular patient.
This would be manifested by a sudden or unexplained
rise in a patient's blood pressure.
The investigators also acquired information
pertaining to Majors' unauthorized use of medications and injections. He
was also found to be in possession of potassium and epinephrine
containers outside the hospital environment.
Mr. Tony Towell, a heating and cooling businessman
from Jasonville, told investigators that Orville Lynn Majors Jr. offered
for sale a drug represented to be powerful stuff., a serious drug., 1995
while he was : that he got the drug a heart stimulant. on January 26,
while installing a new furnace at Fin & Feathers, a business owned by
Majors. Majors told Towell told Towell that he got the drug from the
pharmacy where it took several signatures to get it and that it had to
be administered in front of somebody. Majors further told Towell that it
could be mixed with crank. Towell said the drug Majors showed him was in
a clear vial, with a clear liquid inside, approximately 2. long and 1/4.
in diameter. Towell said Majors appeared to be ·high. on drugs at the
time of this attempted drug sale.
Mr. Charles L. Gabbard, a co-worker of Tony Towell,
told investigators that he heard and observed the conversation between
Majors and Towell on 1-26-95 while assisting with the installation of a
new furnace at Majors business. Gabbard said he carried tools to the
truck and Towell came to the truck and told him Majors was trying to
sell him heart stimulant and that it would speed you up.
As above mentioned, the investigators found evidence
that Majors had in his possession, outside the hospital, the very types
of drugs, (potassium and epinephrine), that could account for the two
patterns of patient deaths. A statement was given to the police by
Andrew Harris who lived with Majors at a residence located on County
Road 800 North, in Greene County, Indiana. Harris and Majors lived
together from 1987 to 12/95 at various addresses. Harris was also an
employee at the hospital. Harris told the investigators he observed an
empty potassium chloride container in a seat console of the car that
Majors was driving during the summer of 1993 or 1994. He also reported
that he saw an empty bottle of potassium chloride in the garage at their
residence in December, 1995. It was in a box of papers that was on the
garage floor. He identified these potassium containers as the same type
that were used at the Vermillion County Hospital. Harris stated that he
never carried such items from the hospital.
Majors and Harris ceased living together in December
of 1995. The house titled in Harris' name was abandoned and became the
subject of a foreclosure action. On October 3, of 1996, Harris executed
a consent so that the investigators could search the residence. This
search occurred on October 3, of 1996. The investigators returned on
October 15, 1996, to further search the garbage and trash area. (They
were unable to perform this part of the search in the previous visit
because this area was infested by bees and required special equipment to
conduct).
Several empty and several partially full containers
of potassium chloride were recovered in these two searches. These items
were found among numerous personal items belonging to Majors. The items
recovered include the following:
1) Indiana State Police evidence item number 156 is a
vial of potassium chloride. The vial is a 20 ML/40 mEq and contains
approximately 1/4 inch of fluid. The vial has an identification lot #
390717 and an expiration date of 6/30/91. This vial of potassium
chloride was manufactured by Lyphomed Laboratories, Deerfield, IL and
units of this lot number were shipped to wholesale distributors who
supplied the Vermillion County Hospital.
2) Indiana State Police evidence item 182 is a vial
of potassium chloride. The vial is a 20 ML/40 mEq and containing a trace
of fluid. The vial has an Identification lot # 330293 and an expiration
date of 4/95. This vial of potassium chloride was manufactured by
Lyphomed Laboratories and units of this lot number were shipped to
wholesale distributors who supplied the Vermillion County Hospital.
3) Indiana State Police evidence item number 188 is a
20 ML/40 mEq container of Potassium Chloride. Empty, with an
identification lot # 330293 and an expiration date of 4/95. Manufactured
by Lyphomed Laboratories and units of this lot number were shipped to
wholesale distributors who supplied the Vermillion County Hospital.
4) Indiana State Police Evidence Item number 191 is a
20 ML/40 mEq container of Potassium Chloride. 1/2 full with an
identification lot # 300071 and expiration date of 1/30/92. Manufactured
by Lyphomed Laboratories and units of this lot number were shipped to
wholesale distributors who supplied the Vermillion County Hospital.
5) Indiana State Police evidence item number 215 is a
20ML/mEq container of potassium chloride with traces of fluid lot number
and expiration not discernible. Manufactured by Lyphomed Laboratories.
This vial is not traceable due to the absence of a lot and expiration
date.
6) Indiana State Police evidence item number 158 is a
20 ML/40 mEq container of potassium chloride with traces of fluid with
an identification Lot # 27789DK and an expiration date 4/1/91.
Manufactured by Abbott Laboratories. No records were available to
further trace this item.
7) Indiana State Police evidence item number 178 is
an empty plastic bag labeled 20 Ml/40 mEq with ·ER Stock Return to
Pharmacy. upon it. This plastic bag was a bag used by the Vermillion
County Hospital pharmacy to place drugs throughout the hospital to track
their inventory. A positive ID was made by Vermillion County pharmacy
employees Dale Resch and Patty Yates with regards to the fact that this
bag came from Vermillion County Hospital.
8) Indiana State Police evidence item number 190 an
empty plastic bag labeled 20 ML/40 mEq also containing the words ICCU
Stock Return to Pharmacy. this bag once contained a vial of potassium
chloride. This bag was identified as belonging to Vermillion County
Hospital.
9) Indiana State Police evidence item number 179 is a
empty cardboard box which is labeled epinephrine inj. (injectable),
1:10,000, 1 mg (0.1 mg/ml) Identification lot # 78384R1 and expiration
date 4/1/95. Manufactured by Abbot Laboratories who were suppliers to
Vermillion County Hospital.
10) Indiana State Police evidence item number 180 is
an empty cardboard box which is labeled epinephrine inj. (injectable),
1:10,000, 1 mg (0.1 mg/ml) identification lot # 78384R1 and an
expiration date 4/1/95 manufactured by Abbott Laboratories who were
suppliers to Vermillion County Hospital.
11) Investigators also recovered several items of
Alupent. These are: Indiana State Police evidence item numbers 161, 162,
163, 177, 192, 193, 198. These items were traced to Boehringer/Ingelheim
Pharmacy in Ridgefield, Connecticut who supplied Bergen/Brunswig who
supplied such items to Vermillion County Hospital.
12) Indiana State Police evidence item number 164 is
a container of Nitroglycerin injection 50mg/10 ML with a trace of fluid,
with identification lot # 190155 and an expiration date 9/90. This vial
of nitroglycerin was manufactured by Lyphomed and units of this lot
number were shipped to wholesale distributors who supplied the
Vermillion County Hospital.
13) Indiana State Police evidence item number 194 is
a container of Nitroglycerin injection 50mg/10 ML with a trace of fluid,
with identification lot # 190155 and an expiration date 9/90. This vial
of nitroglycerin was manufactured by Lyphomed and units of this lot
number were shipped to wholesale distributors who supplied the
Vermillion County Hospital.
14) Indiana State Police evidence item number 204 is
an empty plastic bag labeled Nitroglycerin 50 mg/10 ML inj. (injectable),
·ICCU Stock Return to Pharmacy. This bag was identified as belonging to
Vermillion County Hospital.
15) Indiana State Police evidence item numbers:
166,183, 184, 195, 196 and 218 are vials of Proventil containing
different amounts of fluid. They are all manufactured by Schering
Corporation, Kenilworth, New Jersey. Item numbers 166, 183, 195, 196 and
218 were not traceable. Item number 184, a 20-ML container of Proventil
identification lot # 2KPJ22 and an expiration date 9/95 was traceable by
the lot number to a wholesale distributor who supplied the Vermillion
County Hospital.
16) Indiana State Police evidence item number 159 is
a 1/2 full vial of Bronkosol 10 ML with an identification lot # B008CF
expiration date 6/90. Manufactured by Winthrop/Breon Pharmaceutical, New
York, New York who supplied Vermillion County Hospital although the
records on this lot are not available.
17) Indiana State Police evidence item number 160 is
a 1/4 full vial of Bronkosol 10 ML with an identification lot # B008CF
expiration date 6/90. Manufactured by Winthrop/Breon Pharmaceutical.
18) Indiana State Police evidence item 157 is a 1/2
full 20 ML vial of Ventolin with identification lot # 6BGD2 and an
expiration date of 1/89. Manufactured by Glaxco Wellcome Inc., Research
Triangle Park, North Carolina and units of this lot number were shipped
to wholesale distributors who supplied Vermillion County Hospital.
19) Indiana State Police evidence item number 189 is
an empty plastic bag labeled ·1 ICCU Stock Dobutamine 250 mg/10ml vial (Dobutrex)
start 01/07/91 stop, 612-01, Return to Pharmacy. This plastic bag was
identified as belonging to the Vermillion County Hospital.
20) Indiana State Police evidence item number 169 is
a individually wrapped Ledercillin VX Penicillin V potassium tablet. 500
mg with a identification lot # BC221896 and expiration date 12/89.
Manufactured by Lederle Laboratories, Wayne, New Jersey. Indiana State
Police evidence item number 167 is a purple stopper vacutainer. An
expiration date 1/95. Manufactured by Becton/Dickinson, Franklin Lakes,
New Jersey.
21) Indiana State Police evidence item number 170 is
a purple stopper vacutainer with a trace of fluid. Identification lot #
2M811 and an expiration date 7/94. Manufactured by Becton Dickison and
units of this lot number were shipped to wholesale distributors who
supplied to Vermillion County Hospital.
23) Indiana State Police evidence item number 174 is
a sealed package containing a syringe needle 25 G, 5/8. Product #
305122. Manufactured by Becton Dickinson.
24) Indiana State Police evidence item number 173 is
an empty red stopper vacutainer. Identification # 64952E057 and an
expiration date of 6/94. Manufactured by Becton Dickinson.
25) Indiana State Police evidence item number 171 is
a blue stopper vacutainer with a trace of fluid. Identification #
6418-3A073 and expiration date 7/94. Manufactured by Becton Dickinson.
26) Indiana State Police evidence item number 172 is
a blue stopper vacutainer with a trace of fluid. Identification #
6418-3A073 and expiration date 7/94 Manufactured by Becton Dickinson.
27) Indiana State Police evidence item number 187 is
a sealed package containing a syringe needle 25 G, 5/8. Product #
305122. Manufactured by Becton Dickinson.
28) Indiana State Police evidence item number 185A is
eleven vacutainers, EDTAK 3. Identification lot # 4B168 and expiration
date 2/96. Manufactured by Becton Dickinson. Unit lot numbers were
shipped to wholesale distributors who supplied Vermillion County
Hospital.
29) Indiana State Police evidence item number 185 B
is nine activators. Identification lot # 4D905 and an expiration date
3/95. Manufactured by Becton Dickinson. Units' lot numbers were shipped
to wholesale distributors who supplies Vermillion County Hospital.
30) Indiana State Police evidence item number 185 C
is fifteen activators. Identification lot # 4G901 and an expiration date
6/95. Manufactured by Becton Dickinson.
31) Indiana State Police evidence item number 186 one
bottle of Providine iodine prep. One bottle of Hydrogen Peroxide.
Manufactured by Baxter Health Care, Deerfield, Michigan.
32) Indiana State Police evidence item number 217 is
a prescription bottle with an unreadable label which contains eleven
pills.
33) Indiana State Police evidence item number 219 and
220 are two blue stopper vacutainers with a trace of fluid. Labeling not
legible.
34) Indiana State Police evidence item number 168 is
a vacutainer needle. Product # 21GX12J009.
35) Indiana State Police evidence item number 221 A
are five vacutainer needles. Product # 21GX148014.
36) Indiana State Police evidence item number 221B is
three blue stopper vacutainers. Identification lot # 64183A073 and an
expiration date 7/94. One of these tubes has the name ·Louise Harrold
6/7/94. (This was determined to be a patient Orville Lynn Majors Jr.
visited while working for Regional Hospital Home Health Care).
Manufactured by Becton Dickinson.
37) Indiana State Police evidence item 222 is a
plastic syringe, chewed on.
38) Indiana State Police item 223, 224 and 225 are
vacutainer needles.
39) Indiana State Police evidence item number 228 is
a Hemostat.
40) Indiana State Police evidence item number 229 is
a piston of a syringe.
41) Indiana State Police evidence item number 230 is
a Mosby handbook of Pharmacology.
42) Indiana State Police evidence item number 205 is
a Nurses Drug Handbook.
43) Indiana State Police evidence item number 231 is
a needle and cap.
44) Indiana State Police evidence item number 232 is
a needle and cap.
AIT Laboratories of Indianapolis, Indiana, analyzed
the fluid contained in the bottles or containers labeled potassium
chloride.. The test results confirmed that potassium chloride in an
undiluted concentration was, in fact, present in those respective
bottles.
On April 18, 1997, based on information supplied to
the investigators by Jason Crynes, Majors' nephew, a search warrant was
obtained for a 1985 Chevy van owned by Orville Majors and Anna Bell
Majors, the parents of Majors. Crynes saw containers of potassium in
this van several months prior to this date. His parents signed a consent
for purposes of searching this van. Three (3) containers of potassium
chloride were recovered. These are items 259G, 259H and 260L. Lyphomed
who supplied to Bergen/Brunswig who supplies such items to Vermillion
County Hospital manufactured each. These were 40 milliequivalent bottles
that contained potassium chloride. One was 1/2 full (260L) and the other
two had traces of fluid.
According to Harris, Majors used this van when his
car was disabled. This occurred while Majors was working at the
Vermillion County Hospital. Harris further told the investigators that
he (Harris) never brought potassium chloride bottles home from the
hospital during the period of time he was living with Majors and working
at the hospital.
Hospital personnel stated to the investigators that
there is no reason for these containers to be outside the hospital
environment. The investigators learned from nurse Maureen Love that when
a portion of potassium chloride is used from a container, such as those
recovered from the Majors' van and residence, the rest is thrown into
the trash. There is no documentation for the potassium chloride thrown
away; nor are there any accounting procedures for the wasted potassium
chloride. The potassium chloride from these containers is to be mixed
with other fluids for the purpose of being put into a bag supplying an
IV. It is not to be used in its undiluted form because it would be very
dangerous to the patient.
Nurse Jackie Donald also told the investigators there
was no accounting for unused potassium chloride as it was thrown away
and no paperwork generated.
In an effort to determine how many times the
containers of potassium chloride, recovered by the investigators had
been used, the Indiana State Police Laboratory conducted an examination
of the stoppers of said potassium containers. Visual and microscopic
examination in item 158 revealed a minimum of five (5) needle punctures
readily apparent in the top and bottom of the stopper. Visual and
microscopic examination of the rubber stopper in item 191 revealed a
minimum of eight (8) needle puncture sites readily apparent on the top
and bottom of the stopper. Visual and microscopic examination of rubber
stoppers on items 215 and 259G revealed a minimum of four (4) needle
puncture sites readily apparent in the top and bottom of the stoppers.
Visual and microscopic examination of the rubber stopper in item 259H
revealed a minimum of two (2) needle punctures sites readily apparent
from the top and bottom of the stopper. Visual and microscopic
examination of the rubber stoppers in item 260L revealed a minimum of
one (1) needle puncture site readily apparent from the top and bottom of
the stopper.
Given the fact the normal hospital procedure would
only call for one use of potassium chloride from a potassium chloride
container with the remaining fluid thrown away, it is reasonable to
conclude that multiple punctures in the rubber stoppers indicate that
the fluid contained therein was accessed in a manner inconsistent with
hospital policy and inconsistent with the normal manner in which this
item or drug was used for purposes of servicing a patient.
Investigators further learned that potassium
shortages were noticed at the hospital during the period of time Majors
was employed. Nurse Bill Balla, who is responsible once a week to count
the stock drugs in ICU, such as potassium chloride, noticed the
potassium chloride was missing as well as was the epinephrine. Nadine
Shonk told the investigators that potassium chloride was missing from
the red night box during the period that she was working. Nadine Shonk
also noticed shortages of drugs. She further stated that potassium
chloride was missing from the night box on the Med/Surg and the pharmacy
quit storing potassium chloride in the night box on the Med/Surg floor
due to increased expense from having to re-supply the missing potassium
chloride.
Phyllis Koszewski, a RN in the Emergency Room,
informed the investigators that the stock drug care was lax and a person
could walk away with a bottle of potassium chloride and not be detected.
Judy Howard, the Nursing Director, further confirmed the nurses mixed
their own potassium chloride solutions and there was no accountability
of the unused portion. Ms. Howard positively identified the plastic bags,
marked ICCU and E.R., as in fact, being from the hospital. These were
the same bags that were recovered from Majors' residence.
Amy Krabel, a Respiratory Therapist, told the
investigators that she had heard that numerous drugs were missing.
Debbie Feller told investigators that ICU and ER had a problem of
unaccountability with regards to their IV stock, which included valium
and potassium chloride, between the years 1993 and 1995. Ms. Feller is a
Pharmacy Technician at the hospital. Nurse Martha Starkey informed
investigators that she would sometimes find a potassium container on an
IV tray that wasn't supposed to be there.
Marsha Stinson, a cleaning lady, was responsible for
cleaning a building in which Majors formerly had a business in Linton,
Indiana. She uncovered a box of needles and syringes in a filing cabinet
behind the bottom drawer and turned the items over to the Linton Police
Department who provided them to the Indiana State Police.
Additional witnesses also reported seeing Orville
Lynn Majors Jr. when he was in possession of syringes or needles in
suspicious circumstances. Nurse Kathleen Warren observed Majors with a
stock syringe, which was not accountable. Charles Corado observed Majors
take a syringe apparatus out of a black bag and inject his father. This
was not documented or charted. Investigators learned that Majors did
carry a black pouch or bag containing syringes. This was confirmed by a
friend of Majors, a former nurse named Connie Jones, who told
investigators that Majors had syringes in a small black bag. Tamara
Johnson, a friend of Majors, told investigators that she saw Majors
having syringes still in the packages on his person and that he was
furthermore using the same to inject methamphetamines.
Rhonda Culpepper, a housekeeper, saw Majors go into
room 209 or 210 with a black pouch. She further told investigators that
she witnessed Majors inject a female patient in bed number three 3 in
the ICU unit and later (15 minutes) this patient died. She believes this
event to have occurred in December of 1994. Stephanie Bollinger, a
granddaughter of Rebecca Pugh, who died in ICU, acknowledged that she
was given tranquilizers from Majors without Majors having obtained
authorization to provide them to her.
Debbie Feller, a Pharmacy Technician, told the
investigators that she had entered the ICU unit about suppertime in
early 94 through the back door and saw Majors give an injection to a
patient. He seemed startled and nervous when he saw her. There were no
other nurses present.
Based upon the above information, and with addition
of certain information which will be more fully developed below, your
Affiant has probable cause to believe that Majors committed the crime of
murder as defined in IC 3542-1-1 (1) in that he knowingly killed
patients at the Vermillion County Hospital. Those patients include:
1) Mary Ann Alderson
2) Dorothea Hixon
3) Cecil Smith
4) Luella Hopkins
5) Margaret Hornick
6) Freddie Wilson
These patients will be addressed individually.
1) Mary Ann Alderson
Mary Ann Alderson was a female, 69 years of age. She
entered the Vermillion County Hospital on November 5, 1994 at 2230 hrs.
complaining of chest pains after consuming pizza and beer.
She died on November 7, 1994 at 1711 hrs.
Majors was working at the Vermillion County Hospital
on November 7, 1994 at 0659 hrs. to 1900 hrs.
On November 6, 1994, at 0130 hrs. she was transferred
to ICU on instructions from Dr. Elias. At 0955 hrs., the same date, an
order was made to transfer her to the Med/Surg floor by Dr. Albrecht and
to place her on telemetry. She was then transferred to room 220. At 2100
hrs., her status was denoted as being good.
On November 7, at 0100 hrs. she was evaluated as
being okay. At 0100 hours. Ms. Alderson was charted as sleeping and
breathing easily. At 1015 hrs. Nurse Judy Wagle stated that Alderson
told her that she would go home the next day. Dr. Elias also noted that
at 1025 hrs. everything seemed okay. Nurse Wagle noticed Alderson
sitting on the side of her bed at 1510 hrs.. At approximately 1530 hrs.,
Alice Hensley, a friend, visited Mary Ann. Hensley stated Mary Ann was
doing fine and was looking forward to going home. Alice left at
approximately 1600 hrs.. At 1615 hrs. it was charted that Ms. Alderson
had no complaints. Judy Wagle charts at 1620 hrs. Orville Lynn Majors Jr.
started a saline lock. At 1625 hrs. Amy Clarkson, a nursing assistant
was in Mary Ann's room and stated that she was doing fine.
Nurse Bill Balla told the investigators that Mary Ann
was not in any distress and that she was going home. Nurse Nadine Shonk
was also in Mary Ann's room, shortly before she died, and told the
investigators that Mary Ann was doing fine. Mary Ann's niece, Nancy
Sauer who was in the room shortly before the code was called, also
corroborated this to the investigators. All these individuals had left
before the code was called.
Just before the code, Amy Clarkson, stated that
Majors left the nurses station and went out into the Med/Surg floor.
At 1640 hrs., a code was called by Majors. Nadine
Shonk, who was on duty at the time, responded to the code and as she was
hurrying upstairs towards Mary Ann's room, she was able to see into her
room which was situated at the top of the stairs. She saw Majors
cranking Mary Ann's bed down while holding a syringe in his left hand.
Nurse Shonk told the investigators there was no reason for Orville Lynn
Majors Jr. to have this syringe. Majors is left-handed.
At 1711 hrs. Mary Ann Alderson was pronounced dead.
Nurse Bill Balla told the investigators that everyone
was surprised at Mary Ann's death. Dr. Elias told the investigators that
he probably said that Mary Ann could go home and he was surprised she
died. Nurse Connie Hoopingarner confirmed to the investigators that
Alderson was to be discharged the following day.
An autopsy was conducted upon the body of Mary Ann
Alderson by Dr. John A. Heidingsfelder. He noticed there was absent
significant coronary atherosclerosis or coronary artery narrowing. There
was nothing revealed in the autopsy that would account for the sudden
death of Mary Ann Alderson. Her heart was not enlarged nor did it
manifest any other defects that would account for the sudden death.
There was no evidence of acute pulmonary disease. Dr. Bruce Waller, a
cardiac pathologist, reviewed the slides prepared by Dr. Heidingsfelder
of the heart tissue of Mary Ann Alderson. The examination revealed
nothing that would account for the sudden death of Mary Ann Alderson.
It is the opinion of Dr. Eric Prystowsky that Mary
Ann Alderson's death was not in the clinical course as presented by her
underlying physical condition. Her death was sudden and unexpected. Dr.
Prystowsky believes within a reasonable degree of medical certainty that
Mary Ann Alderson died in a manner consistent with an injection of
potassium. The remaining members of the medical team who examined Mary
Ann's chart agree that her death was sudden, unexpected and not in the
clinical course.
Your Affiant, therefore, has probable cause to
believe that Majors knowingly killed Mary Ann Alderson, another human
being.
2) Dorothea Hixon
Dorothea Hixon was an eighty (80) year old female who
was admitted to the emergency room on April 23, 1994, at 1355 hrs..
Dorothea Hixon died on April 23, 1994 at 1708 hrs..
Majors was working at the Vermillion County Hospital
on April 23, 1994 from 0701 hrs. to 1857 hrs.
Cindy Watson, a nurse in the emergency room did the
initial assessment on Dorothea and felt that she was not in a bad
condition when she arrived at the emergency room. Nurse Watson placed an
IV in Dorothea's left hand and assessed her as stable. Dr. Ray Smith,
the emergency room doctor, also noted that Dorothea was stable and in no
immediate danger.
According to Dorothea's daughters, Betty Coonce and
Paula Holdaway, who accompanied Dorothea to the hospital, this was a
routine visit for purposes of alleviating an accumulation of fluid on
Dorothea's lungs. Dorothea had been to the hospital before for this
condition. So he could monitor her condition, Dr. Albrecht, her family
physician ordered her to be transferred to the Intensive Care Unit.
Betty indicated to the investigators that Dorothea
was not breathing rapidly upon her admission to the hospital. She
believed that her respirations were 18-20 per minute.
The daughters accompanied her to the Intensive Care
Unit and were asked to remain in a waiting area. Approximately thirty 30
minutes later a nurse, identified as Majors, approached the daughters
and stated that there was a problem as Dorothea either had a massive
heart attack or stroke. He stated to Betty that Dorothea was going into
a coma and to come in and talk to her.
Betty went into the room and noticed Dorothea was
coherent, talking and moving her arms and legs. Dorothea stated that she
was not in any pain. Majors was on the right side of Dorothea and Betty
asked him to go get her sister Paula. Neither Betty nor Paula ever saw
any other nurses other than Majors in the ICU unit during the entire
time Dorothea was in the unit. Paula came into the room and was standing
on Dorothea's left side holding her hand and rubbing her arm. At that
point she felt a hand coming under hers and turned to see Majors with a
syringe making an injection into Dorothea's IV. Paula said Excuse me.
and Majors patted Paula on the arm and said, "No you're all right honey.
and removed the syringe after having injected its contents."
According to Paula, Majors then kissed Dorothea on
the forehead, brushed her hair back, and said, "It's all right pumkin.
Everything is going to be all right now pumkin."
Within sixty 60 seconds after Paula saw Majors make
an injection into her mother, her mother rolled her eyes back and
suddenly died.
Dorothea's treating physician Dr. Albrecht never
ordered any injection or medication given to Dorothea. The changes in
heart rhythm appearing on the EKG strips indicate that Dorothea's heart
went from a state of rhythm to asystole (without rhythm) in one minute.
This coincides with the temporal observations of the injection. These
EKG changes are of the type consistent with those peculiar to a
potassium overdose according to the expert medical opinion of Dr. Eric
Prystowsky. Dorothea's EKG changes are consistent with a sudden
suppression of the electrical activity of her heart.
The medical team also noted that during the 30-minute
period that Majors was alone with Dorothea, her blood pressure suddenly
and without explanation, spiked.
An autopsy was performed upon the body of Dorothea
Hixon by Dr. Mark Levaughn. There were no organic conditions present
that would account for the rhythm changes as observed on the EKG strips.
There is no evidence of recent heart problems. There was some coronary
disease but the coronary vessels were open. There was no evidence of any
acute decrease in the blood flow.
There was nothing by way of the autopsy examination
to account for the sudden cardiac standstill, a complete cessation of
electrical activity that was manifested on the EKG strips.
Dr. Bruce Waller, the cardiac pathologist, did not
discover any natural phenomena that would account for this sudden death.
Additionally Diane Tolliver, document examiner,
reviewed the medical record known as the Initial Assessment for the
Indiana State Police. She concluded that Majors did the initial
assessment of Dorothea when she arrived at ICU and that the space
denoting Dorothea's respiration rate was changed from 22 to 32 which was
an alteration of Dorthea's medical record. This alteration made
Dorothea's condition worse than, in fact, it was. The investigators
discovered another incident where Majors falsely documented a patient's
condition to reflect a worse condition than actually present. Carolyn
Wilson, RN, stated that in reference to patient Paula Trina (an ICU
death) Majors charted patient ·semi-conscious, speech slurred and color
dusky. when in fact, Wilson stated that Paula Trina was alert,
understood instructions and her speech was not slurred.
It is the opinion of those members of the medical
review team who reviewed this chart that Dorothea Hixon's death was
sudden, unexpected, and not in the clinical course.
Your Affiant, therefore, has probable cause to
believe that Majors knowingly killed another human being to wit:
Dorothea Hixon.
3) Cecil Smith
Cecil Smith was a seventy-four 74-year-old male who
was admitted to the Vermillion County Hospital on April 2, 1994 at
approximately 1420 hrs. with a diagnosis of pneumonia.
Cecil Smith died on April 3, 1994 at 1551 hrs..
Majors was working at the Vermillion County Hospital
on April 3, 1994 from 0656 hrs. to 1718 hrs..
Mr. Smith was admitted to the Medical/Surgical unit
of the hospital and complications began when attending to him.
On this particular day Majors was asked to assist a
nurse's aide in bathing the Medical/Surgical patients and providing them
with their medications. According to Patty Young, Majors threw a fit.
when asked to give baths. Nurse Chris Hollenbeck reversed the tasks to
calm Majors down. Accordingly Yvonne Grove, a nurse's aide was bathing
patients and Majors was going in front of her passing medications. As a
result of a seizure, a code was called for Cecil Smith at 1150 hrs. on
April 3, 1994. Nurse Jackie Donald attended this code and Smith
recovered. At 1310 hrs., the patient was transferred to Intensive Care.
According to respiratory therapist, Amy Krabel, Majors was working alone
in the ICU on this date.
At 1313 hrs., on April 3, 1994 Smith manifested
hypertension tachycardia. Specifically his blood pressure unexpectedly
spiked at 229/158. Mr. Smith had no history of significant hypertension.
On April 3, 1994, his electrocardiograph strips manifested changes
consistent with rising and falling potassium levels. It was further
noted that the potassium level of his blood which was being monitored at
the time, shot to 6.9. Normal range is 3.5 to 4.5. The levels shown by
the blood tests revealed that at 1238 hrs., on the date of his death,
his potassium level was 3.9. His potassium levels at 1419 hrs. Were 6.8.
At 1440 hrs., it was 5.7 and at 1527 hrs., it was 4.9. According to the
medical experts, this sudden elevation of his potassium level is not
explainable by a natural event given his condition as reflected in his
medical records. Neither is the sudden and unexpected high blood
pressure or hypertension tachycardia. Smith's blood pressure as taken in
the emergency room was normal.
At 1551 hrs. Smith died in the Intensive Care Unit.
His chart did not contain any entries between 1313 hrs. and 1551 hrs..
It is the opinion of the medical team that Cecil
Smith's death was not in the clinical course and is consistent with both
patterns. His hypertension tachycardia and EKG changes are consistent
with injections of substances in the nature of epinephrine and potassium.
Dr. John Heidingsfelder performed an autopsy on Cecil
Smith. There was nothing in the autopsy that could account for the death
of Cecil Smith as a natural event. The elbow and forearm subcutaneous
dissection at autopsy revealed venous thrombosis of the right cephalic
vein and interstitial hemorrhage to the right anticubitalfossi. This is
consistent with the body's reaction to the insult of potassium.
Investigators further learned that Nurse Carolyn
Wilson heard Cecil Smith complain of a burning sensation which is also
consistent with the body's reaction to the insult of potassium.
It is the opinion of the medical review team who has
reviewed this chart that Cecil Smith's death is not in the clinical
course. It was sudden, unexpected and consistent with injections of
substances in the nature of epinephrine and potassium. Dr. Bruce Waller,
the cardiac pathologist, saw nothing by way of his examination to
account for this death from a cardiac natural point.
Your Affiant, therefore, has probable cause to
believe that Majors knowingly killed another human being, to wit: Cecil
Smith.
4) Luella Hopkins
Luella Hopkins was a eighty-nine (89) year old female
who was admitted to the Vermillion County Hospital on December 24, 1993
at 1705 hrs.
Ms. Hopkins died on January 8, 1994 at 1428 hrs.
Majors was working on January 8, 1994 from 0656 hrs
to 1828 hrs.
Luella Hopkins was placed in room 220 of the Medical/Surgical
unit. Georgia Hobson, another patient in the hospital, occupied the
other bed in room 220.
Dr. Elias was Luella's treating physician. He had
been monitoring her for pneumonia related problems and told the
investigators that her pneumonia had cleared up. Luella had gained
weight and he was planning to release her very soon.
Margaret Glascock, a sister, stated to the
investigators that prior to Luella's death, she had improved greatly,
gained weight and getting stronger. She was planning to go home the next
day (January 9, 1994).
On January 8, 1994, at approximately 1428 hours,
Majors entered room 220. According to a statement given to the
investigators by Georgia Hobson, Luella's roommate, Majors then stated
Honey I 'm going to give you a shot now. Majors then proceeded to give
Luella an injection. Majors according to Georgia, was carrying a syringe
in his left hand. Georgia Hobson said that Luella, then, let out a big
sigh. Majors left the room. According to Jackie Donald, the RN on duty,
Majors proceeded to the nurses' station and told her that there was a
problem in 220. Jackie Donald then proceeded to the room and saw Luella
gasping.
Jackie Donald stated to the investigators that she
believes Luella was, in fact, dead when she (Jackie) entered room 220. A
code was called and a telemetry unit was placed on Luella. It revealed
that her heart was asystole. It had suddenly stopped beating.
Luella died at 1428 hrs. The medical records of
Luella Hopkins do not reveal that any shot or injection was ordered or
charted. Jackie Donald told the investigators Luella should not have
received any injections.
The medical records of Georgia Hobson were reviewed
for purposes of determining whether or not there was anything to affect
Georgia Hobson's recollection. There was nothing in the medical records
to indicate that such was the case. In talking to the investigators, she
appeared alert, coherent and credible.
An autopsy performed by Dr. Mark LeVaughn on the body
of Luella Hopkins did not reveal any medical reason as to why she would
have died. Her disease did not correlate as to the manner of her death.
Although she had coronary artery disease, the autopsy did not reveal any
closure of the coronary vessels. There was nothing revealed on autopsy
that would explain why Luella, who was doing reasonably well, would have
suddenly died.
Dr. Bruce Waller, the cardiac pathologist, reviewed
slides of her heart tissue. He did not discover anything by way of his
examination that would account for the suddenness of her death.
It is the opinion of the medical team that the death
of Luella Hopkins is a death that is sudden, unexpected and inconsistent
with Luella's clinical course.
It is the opinion of the medical team that the death
of Luella Hopkins is consistent with the exogenous administration of a
foreign substance into her body which would cause a suppression of her
heart's electrical activity.
Your Affiant, therefore, has probable cause to
believe that Majors knowingly killed another human being, to wit: Luella
Hopkins.
5) Margaret Hornick
Margaret Hornick was a seventy-nine (79) year old
female who was admitted to Vermillion County Hospital on November 24,
1994 at 1627 hrs., after falling and fracturing her hip at the Lee Alan
Bryant Nursing Home
Ms. Hornick died on November 25, 1994 at 1630 hrs.
Majors was working on November 25, 1994 from 1256
hrs. to 1916 hrs..
She was placed on the Medical/Surgical floor, the
first night, then moved to the Intensive Care Unit following her
surgery.
Majors charted her care in the Intensive Care Unit.
After being in the Intensive Care Unit only nine 9 minutes and under
Majors' care, she died. Her death occurred on November 24, 1994 at 1630
hours.
Investigators talked with a Mr. Donald Rolando,
Margaret's brother, who visited her on November 23, 1994. He said she
was doing fine. He also visited her in the recovery room after her
surgery, and told the investigators that she was doing fine at that
point. He also was with her as she was being placed in the Intensive
Care Unit. Majors told him, at that point in time, that everything was
fine and that he could go home. He left. Minutes later Margaret Hornick
died.
Kellie Page the Vermillion County Hospital emergency
room nurse who transferred Margaret to room 208 of the Medical/Surgical
Unit told the investigators that Margaret, at that point in time, was
stable. There was nothing to indicate that any alarm existed. Nurse
Sharon Calvert also told the investigators that Margaret Hornick was
stable in the recovery room.
Dr. William Mason, who was on staff at the Hospital,
told the investigators that Margaret Hornick's death was not an expected
outcome for her stay in the hospital. Linda Ping, a Charge Nurse on the
Medical/Surgical floor, stated to an investigator that she was very
surprised how quickly Margaret deteriorated upon her arrival at the
Intensive Care Unit.
Bill Balla, a nurse at the hospital, also indicated
that Margaret did not appear to be in poor condition. He further noted
that according to her chart, lidocaine was given to her by Majors. No
lidocaine was ordered for Margaret Hornick. Martha Starkey, a registered
nurse on duty, indicated that Margaret was stable and was not at great
risk for the type of surgery she underwent.
Dr. Berger, Margaret's family doctor, believes that
Margaret's death is very suspicious given the drastic change in her
condition within nine 9 minutes after being placed in ICU. He further
noted to the investigators that Margaret's chart indicates that
according to Majors that Dr. Berger was notified by Majors of Margaret's
changing condition. Dr. Berger does not recall this and since his office
is right across the parking lot from Vermillion County Hospital, he
stated that would have gone right over to attend to Margaret if, in
fact, he had been so notified. He further did not order lidocaine.
Majors charting that he did so is false.
Dr. William Warren further related to investigators
that Margaret's death was a surprising development given her condition
as noted at the initial assessment. No drugs should have been given to
her. In the event of a code situation, she was to receive supportive
care only.
Dr. Mark LeVaughn performed an autopsy on the body of
Margaret Hornick. His autopsy findings show no identifiable anatomic
cause of death consistent with a natural cause. There is nothing
revealed by way of his autopsy examination that would explain why she
died in 9 minutes. Dr. Bruce Waller, the cardiac pathologist, also
reviewed the slides of Margaret's heart tissue and found no evidence of
any cardiac defect that could account for her sudden death.
It is the opinion of the medical team that Margaret
Hornick's death is a sudden, unexplained death which is inconsistent
with her clinical course and which occurred almost immediately after her
exposure to Majors. It is consistent with the exogenous administration
of a foreign substance.
Your Affiant, therefore, has probable cause to
believe that Majors knowingly killed Margaret Hornick, another human
being.
6) Freddie Wilson
Freddie Wilson was a fifty-six (56) year old male who
was admitted to the Vermillion County Hospital on February 15, 1995 at
2315 hrs. with an admitting diagnosis of pneumonia.
Freddie Wilson died on February 16, 1995 1135 hrs..
Majors was working at Vermillion County Hospital from
0654 hrs. to 1859 hrs..
On February 16 Mr. Wilson is received into the
Intensive Care Unit. Nurse Beth Sanquenetti performs an assessment at
that time. She noted that the patient denied any chest pain or
complaints of nausea and vomiting. This assessment was done at 0030
hrs.. At 0400 hrs. she noted that he was not wheezing and denied any
pain or shortness of breath.
At 0800 hrs., Majors begins charting the patient. He
notes that the patient is becoming restless and complaining of chest
pain at 1015 hrs.. He notes at 1020 hrs. the respiration distress
increased.
Tonya Beard, a daughter of the patient, observed
Majors examining her father just prior to his death. She further states
that Majors told her and Mr. Wilson's wife that he didn't think the
patient would make it. The statement was made before any code was called.
At 1135 hrs on February 16, 1995 Mr. Wilson died.
A review of Mr. Wilson's EKG strips by Dr. Eric
Prystowski led him to conclude that the changes are consistent with an
injection of a substance most likely potassium at 1126 hrs..
Dr. John Heidingsfelder performed an autopsy upon the
body of Freddie Wilson. Dr. Heidingsfelder concluded that Mr. Wilson did
not die of pneumonia as was recorded on Mr. Wilson's death certificate.
Examination of the heart did not reveal any significant degree of
atherosclerosis of the coronary arteries and the heart did not appear to
be enlarged. There was no evidence of any old or recent heart attack in
the heart muscle. Dr. Bruce Waller, the cardiac pathologist, reviewed
slides of the heart tissue of Mr. Wilson and did not discover anything
by way of his examination that would account for his sudden death.
It is the opinion of the medical review team that Mr.
Wilson's death was sudden and unexpected, not in the clinical course.
Mr. Wilson's death is also significant from an
investigative standpoint for the reason that his death is one of three 3
which occurred on February 16, 1995. The other two patients in the
Intensive Care Unit who died on that date were Mattie Brown and
Marselene Walters. The time of Mattie Brown's death was approximately
1321 hrs. on February 16. The time of Marselene Walters death was
approximately 1314 hrs. on February 16. Brown, Walters and Wilson died
while Majors was in the Intensive Care Unit during lunchtime.
Your Affiant, therefore, has probable cause to
believe that Majors knowingly killed Freddie Wilson, another human being.
Toxicology testing and analysis was performed on
tissue samples taken from the exhumed bodies of the above named
patients. Dr. Michael Evans of AIT laboratories informed the
investigators that substances such as potassium chloride and epinephrine
would not be detected by such analysis.
The investigators have also been made aware of
certain comments made by Majors during the course of his employment at
the Vermillion County Hospital which is evidence of an animosity or
insensitivity on his part towards those patients or individuals who
would come under his care.
Joann Powell, a housekeeper for the hospital, related
to the investigators that she was present when a patient was calling for
a nurse and Majors responded to the request by stating Let the patient
die.. Nurse Camille Costa-Kuglin stated to investigators that Majors
referred to the families as a "fucking bunch of whiners." She stated
that families upset Majors and he referred to them as ·White trash. and
Dirt. Allison Williamson, a housekeeper, also confirmed that Majors made
derogatory comments about patients under his breath and referred to one
patient as a bitch. Patty Young, a licensed practical nurse, told the
investigators that Orville Lynn Majors Jr. referred to family members as
"white trash." and made fun of poverty stricken people. Michael Hoevet,
an employee with the Wellness Center, was in the ICU on 11/15/94 doing a
safety inspection. Bev Roberts was with him. They entered the ICU.
Majors was alone. Hoevet asked him what he was doing. Majors replied I'm
just sitting here waiting for the woman to die.. Hoevet and Roberts
observed an elderly, alert woman sitting up in bed. She was coughing.
Majors walked to the monitor and said, "C'mon baby, C'mon baby." Majors
then called for assistance. Hoevet and Roberts left the ICU and heard a
code blue called. The patient died.
Paul Havlen, a former friend of Majors, told the
investigators that between 1984 and 1986, Majors told him that he
(Majors) "hated old people and that they should all be gassed." Majors
also stated this opinion to Kenny Hoffeditz, another former friend.
According to Hoffeditz, Majors said old people were a "waste." Orville
Lynn Majors Jr. said this several times to Hoffeditz.
The above statements are said forth in this affidavit
by your Affiant for the purpose of establishing probable cause for the
issuance of a warrant for Majors on multiple counts of homicide. Your
Affiant respectfully requests that the Court find probable cause for the
arrest of Orville Lynn Majors Jr. on charges of murder.
EXCEPT AS OTHERWISE SPECIFICALLY INDICATED, ALL OF
THE ABOVE OCCURRED WITHIN VERMILLION COUNTY, STATE OF INDIANA.
I affirm under the penalties for perjury, that the
foregoing representations are true.
Dated this 24th day of December, 1997.
Detective Frank Turchi, Affiant