TOLEDO, Ohio (WTVG) – Ethan Kleinhans’ mother is calling for more charges in the death of her teenage son.

a caregiver, A lawsuit was filed against Jeffery King Wednesday for failing to meet the needs of a functionally disabled person. This is a fourth-degree felony.

However, the other caregiver involved has still not been charged.

“I think they’re both guilty of not paying attention to him, not being where they needed to be,” said DeAnne Kleinhans, Ethan’s mother.

DeAnne Kleinhans told 13 Action News the Lucas County prosecutor told her the second caregiver would not be charged.

Both caregivers accompanied Ethan by car that day. They stopped at a house on Hallgate Street in Toledo.

King told 13 Action News in a previous interview that it was the home of the other caregiver’s relative and they stopped to get something to eat. He said the other caregiver got out of the vehicle and went inside the house.

But Ethan Kleinhans had to have two caregivers with him at all times.

“I think it was okay for him not to be there because they were allowed to go to the bathroom, sit down and eat, and take a meal break,” DeAnne Kleinhans said.

The Toledo Fire Department responded to the home on Hallgate St. for a call of a male entangled in a harness. King told 13 Action News she cut Ethan Kleinhans’ harness off after handlers noticed he was turning blue and drooling.

But Mercy Health reports obtained by 13 Action News say EMS had to cut Ethan Kleinhans’ seatbelt to save him.

13 Action News reached out to Toledo Fire and Rescue to confirm this, but they declined to answer the question.

“A lot of choices were made that day, and because of those choices, Ethan died,” DeAnne Kleinhans said.

DeAnne Kleinhans said she plans to file a wrongful death lawsuit against both the caregivers and ViaQuest.

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