OAKLAND COUNTY, Mich. – A judge on Wednesday denied a request from the attorney for Gary Marken to quash the charges he faces in the death of 5-year-old Thomas Cooper.
Marken is charged with second-degree murder and involuntary manslaughter. He is one of four Oxford Center employees charged after a hyperbaric chamber exploded in January 2025 during Cooper’s treatment.
Cooper was killed in the explosion.
Authorities say his mother was badly injured as she tried to reach him.
Defense: Marken wasn’t a decision-maker
In court, Marken’s attorney, Todd Flood, argued Marken should not be held criminally responsible because he was not in a role that made safety or medical decisions.
Flood told the judge Marken was not a nurse, doctor, or safety director, and argued there was no evidence Marken took part in decision-making about safety procedures — including whether to use grounding straps.
Prosecutors point to safety concerns raised in testimony
During the preliminary exam, witnesses testified the Oxford Center ignored safety protocols, particularly regarding the use of grounding straps, according to statements made in court.
Prosecutors argued the issue is not only whether Marken made policy decisions, but whether he had a role in enforcing them while allegedly knowing better, based on arguments presented to the judge.
Judge: Jury must decide state of mind
After hearing both sides, Judge Kwame Rowe denied the motion to dismiss, saying there was no evidence a lower court judge abused her discretion by sending the case forward.
“The motion is respectfully denied,” Rowe said in court. “The jury needs to determine the defendant’s state of mind.”
What’s next
Flood said the defense plans to appeal the decision. Because of that appeal, any move toward trial is paused while it’s reviewed.
--> Oxford Center safety director pleads no contest in fatal hyperbaric chamber explosion