A teenager desperately asked police to rescue him from the backseat of a minivan as he suffocated to death.
Kyle Plush, 16, made two 911 calls using Siri virtual assistant on his iPhone which was out of reach when he became trapped in the third-row seat of a vehicle he was emptying.
Officers responded to his urgent plea for help by attending the car park he was in, opposite a school in Cincinnati, Ohio, but they did not get out of their car, WCPO reports.
As a result of Kyle's tragic death on April 10, 2018, Kyle's heartbroken family have been allowed to file a wrongful death lawsuit against police officers, 911 dispatchers, and a former city manager in Cincinnati.
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The Ohio First District Court of Appeals ruled on Wednesday that a trial will be held despite the city's attempts to dismiss the case.
Kyle could be heard over the phone crying and struggling for breath, as he told police dispatchers where he was and that he feared his life was in danger.
Stephanie Magee, the first call-taker, decided Kyle's situation was “unknown trouble" and while she dispatched police officers Brian Brazile and Edel Osborn to the scene she did not pass on the minivan information or his comments that he might die.
Both officers are claimed to have remained in their patrol car and not done a thorough search of the car parks where Kyle was.
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Kyle, who was small for his age, called again and spoke to handler Amber Smith at the same time the officers were at the scene.
He said: "This is not a joke.
"I am trapped inside a gold Honda Odyssey van in the (inaudible) parking lot of Seven Hills.
"Send officers immediately. I'm almost dead."
Amber activated a teletypewriter connection intended for callers who have difficulty hearing but this made it more difficult for her to understand Kyle.
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After the call, she failed to record any information on the dispatch system.
Kyle died after the minivan seats pushed against his chest, suffocating him.
A Hamilton County coroner ruled his death was “asphyxia caused by chest compression.”
Former Cincinnati City Manager Harry Black was allegedly aware of issues at the 911 call centre, which weren't addressed, which reportedly included poor training, understaffing and undependable technology.
The court found that as a result of improvements not being made to the centre, the manager could be held accountable for “wanton or reckless actions"
It ruled Kyle's parents, Jill and Ron Plush, could not hold Cincinnati responsible because the death did not happen on land owned by the city but in a private parking lot and he didn't die during the call.
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