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Second contractor pleads not guilty in student's carbon monoxide death

Jonathan Rodriguez, a 21-year-old student at The Evergreen State College, died last December due to the faulty installation of a water heater, investigators say.

OLYMPIA, Wash. — Prosecutors have criminally charged a second contractor following the carbon monoxide poisoning death of a 21-year-old student from The Evergreen State College.

On December 11, 2023, Jonathan Rodriguez and two other students were found unconscious in a modular housing unit.

Rodriguez died, while the other two students survived. A campus police officer was also sent the hospital, but survived.

Investigators blamed the faulty installation of a tankless water heater in the housing a week before the poisonings.

RELATED: 2 charged in the death of Evergreen State College student who died from carbon monoxide poisoning

According to Thurston County Prosecutors, Frank McCutcheon, 53, and his son Brett McCutcheon, 32, did not properly follow the manual instructions when installing the unit by failing to properly connect exhaust pipes, allowing for the leak of the colorless, odorless, deadly carbon monoxide.

They were both charged July 11 with manslaughter in the second degree, alleging that their negligent actions caused Rodriguez's death. An investigator said their actions were a “gross deviation” from what reasonable people would have done.

Both McCutcheons entered not guilty pleas to the charge and face a trial in November.

They were not taken into custody, but they cannot speak about the incident to each other, and they have to refrain from installing any devices that generate carbon monoxide.

The college has made several changes since the incident.

"Since the tragedy in December, Evergreen immediately stopped using housing units that used propane for heat or hot water, ensuring a tragedy like that which took the life of Jonathan Rodriguez never happens again,” said Dr. John Carmichael, president of The Evergreen State College.

New housing units will also open for students when school resumes Sept. 30.

RELATED: Evergreen State College student's death 'tragic, yet avoidable' in WSP findings

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