OLYMPIA, Wash. — Two contractors have been charged after being accused of negligently causing the death of an Evergreen State College student who died from carbon monoxide poisoning in December of 2023.
Jonathan Rodriguez, 21, was found unconscious in student housing on the evening of Dec. 11 and was later declared dead from carbon monoxide poisoning. Two other students were also found unconscious inside the building, were treated for carbon monoxide poisoning and later recovered.
Investigators with the Washington State Patrol pointed to a poorly installed tankless water heater as the cause of a carbon monoxide leak in the building.
A forensic engineering expert found that the boiler had been installed without a proper source of "outside combustion air" for the unit, leading to a higher-than-normal carbon monoxide concentration. In addition, the exhaust piping was not sealed, allowing highly contaminated exhaust air to spill into the utility room.
Frank, 53, and Brett McCutcheon, 32, were the technicians who installed the water heater in early December. They were both charged July 11 with manslaughter in the second degree, alleging that their negligent actions caused Rodriguez's death.
Frank McCutcheon had a court appearance Aug. 6.
When the water heater was in operation, carbon monoxide levels rose to as high as 1,294 parts per million in the residential area of the building. The Occupational Safety and Health Administration set the permissible exposure limit for carbon monoxide as 50 parts per million over eight hours.
The forensic engineer concluded that the McCutcheons' installation of the water heater was "negligent" and "outside the accepted practice" in the HVAC field.
"That deficient installation caused the death of Jonathan Rodriguez by introducing into the residence levels of carbon monoxide over 20 times the acceptable limit," court documents read.