PONTIAC, Mich. (WXYZ) — The family of a Pontiac woman and her children, who died of hypothermia in a field in January 2023, are suing three deputies and the Oakland County Sheriff's Office, arguing they did not search for the family despite knowing they were in danger.
ORIGINAL REPORT: Mother, 2 sons found in Pontiac field died of hypothermia, police say
Monica Cannady, 35, Kyle Milton, 9, and Malik Milton, three, were found deceased in a field on January 15, after Cannady's then 10-year-old daughter woke up and went across the street to find help.
ORIGINAL REPORT: Officials say mental health crisis led to death of mom, 2 children in Pontiac field
According to the lawsuit filed in federal court, the family had been wandering outside for the better part of two days as Monica suffered a mental health crisis.
Also named in the lawsuit are Deputies Alex Kazal, John Brish, and Devon Bernritter. The lawsuit contends they acted with gross negligence and did not conduct an appropriate search for the family.
The lawsuit contends that Bernritter exacerbated Cannady's mental health condition both during an encounter at Pontiac McLaren Hospital and following it.
Kazal is accused of expressing anger and disgust at searching for the family during a 16-minute phone call that was recorded on his body camera. During the phone call, according to the lawsuit, Kazal complained about wanting to do "real police work" and saying, “The kids will still be there, and they will be just fine…people in Pontiac just don’t die….. it’s a CYA because a dumb ass ghetto politician can’t just leave well enough alone just because it is kind of cold out.”
Brish is accused, along with other deputies, of failing to conduct a thorough search of an area where a Good Samaritan said the family may be, instead just flashing his flashlight around in what the lawsuit says was an effort to make it seem like they were searching.
The lawsuit was filed in two parts, one on behalf of the estates of Monica Cannady and her deceased children, the other on behalf of Cannady's surviving daughter, who is identified only as Jane Doe.
The Oakland County Sheriff's Department issued the following statement about the case:
OCSO vehemently denies that any actions of OCSO personnel caused the tragic deaths of Ms. Cannady and her two young sons. As the attached timeline sets forth, numerous efforts were made by OCSO personnel to help Ms. Cannady and her children. However, she refused all such efforts made by OCSO deputies to help. Importantly, at no time did any OCSO deputy have a legal basis to detain the family.
After reviewing bodycam footage of OCSO personnel during that timeline, numerous statements were made by one former OCSO deputy sheriff that were not in keeping with OCSO standards of conduct for its deputies. An internal affairs investigation was initiated and the deputy resigned before a disciplinary review could be completed.
No further statement will be made by OCSO regarding this matter due to threatened litigation by Ms. Cannady’s family
You can read the timeline referenced in the statement below:
Final Timeline (003) by WXYZ-TV Channel 7 Detroit on Scribd
You can read both parts of the lawsuit below:
CHERRY CANNADY, as personal representative for the estates of Kyle Milton, Malik Milton, and Monica Cannady... by WXYZ-TV Channel 7 Detroit on Scribd
CHERRY CANNADY, as next friend to Jane Doe, by WXYZ-TV Channel 7 Detroit on Scribd
