ORLANDO, Fla. — Two service technicians who were accused of negligently causing the death of an Evergreen State College student two years ago entered a diversion agreement in Thurston County Superior Court on Tuesday to reduce their manslaughter charges.

Frank “Chuck” McCutcheon, 54, and his son, Brett McCutcheon, 33, were each charged with second-degree manslaughter in connection with the December 2023 death of 21-year-old Jonathan Rodriguez at The Evergreen State College. Prosecutors alleged Rodriguez died from carbon monoxide poisoning in his on-campus apartment because the McCutcheons improperly installed a tankless water heater in the unit.

If the McCutcheons each successfully complete the diversion requirements, their charges would be amended to attempted malicious installation of a fire protection sprinkler system, a gross misdemeanor. They would then plead guilty to the attempted malicious installation charge, which has a maximum possible sentence of 364 days in jail and a $5,000 fine. However, the defense and prosecution agreed to recommend no time in custody if the requirements are completed.

If unsuccessful in completing the 36-month diversion agreement, they could face trial by a judge instead of a jury on the manslaughter charge. Manslaughter carries a maximum sentence of 10 years of imprisonment, but the standard sentencing range is 21 months to 27 months based on the McCutcheons' criminal history.

Even though this resolution is a pretty big departure from what we typically would expect to see on a crime or an allegation this serious, it's very much appropriate here," said Eric Pilon, an attorney for Frank McCutcheon.

A Washington State Patrol investigation found that Evergreen staff members repeatedly turned off and temporarily removed carbon monoxide detectors that had gone off in the residence, aired out the unit, but then let Rodriguez and the two other students back inside and didn’t call the Fire Department until the students showed signs of distress 12 hours later. The two other students, then 19 and 20, were treated for carbon monoxide poisoning after the incident.

The mistaken assumption that the alarms were faulty and there was no actual leak “was one of several key contributors to this tragedy,” the State Patrol’s investigation found.

Prosecutors alleged that the exhaust piping on the water heater "was not sealed and properly connected," the improper air intake and exhaust venting was the cause of the carbon monoxide, and the unit had not been installed per the manufacturer’s installation instructions or in accordance with National Fuel Gas Code, according to the charges.

The state agreed to pay $25 million last year to settle claims brought by Rodriguez's family against the college.

The family was not at Tuesday's hearing, but Deputy Prosecuting Attorney Andrew Thomas Filak said that they are aware of the diversion agreement.

"The big goal of the family is that something like this doesn't happen again," Filak said. "Based on the conversations I've had with them, there's a lot of frustration, a lot of sadness. … They hold no ill will against (the McCutcheons)."

In a victim impact statement to the court, one of Rodriguez's relatives wrote he was a "bright and dedicated soul" who "lived his life with determination, laughter and empathy." He wanted to pursue computer science and game development, according to the statement.

If either of the McCutcheons fails to meet the requirements, Pilon said it's "extremely likely" he will be found guilty of second-degree manslaughter.

Under the "Friendship Diversion Program," the McCutcheons are required to perform 100 hours of community service, including up to 50 hours of continuing education on HVAC installation or collaboration with the Washington State Department of Labor and Industries to develop industry training or safety updates.

They must also not install any appliance that can produce carbon monoxide.

"I am hopeful that this stage of the proceeding gives some bit of closure for the family that has lost a loved one, not that they will forget that loved one, but they will not have to think about the court process for some time, said Thurston County Judge Mary Sue Wilson.

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