Pretrial Hearing Continued as Prosecutors Wait for an Official Cause of Death

A pretrial hearing for Eric Richard was continued until March because Washington County prosecutors are still waiting for the medical examiner’s office to complete its investigation into Adam McCloud’s cause of death.

Richard, 22, of Stillwater, is accused of second-degree unintentional murder and manslaughter stemming from the Sept. 28, 2012, assault of McCloud at Smalley’s Caribbean Barbeque and Pirate Bar in downtown Stillwater.

The complaint alleges that Richard and McCloud argued over a spilled drink, and that Richard was seen repeatedly punching McCloud in the face and head, causing him to fall and strike his head on the ground.

Richard told police he was acting in self-defense after being pushed by McCloud several times.

“Obviously there are some very serious matters left, and with the analysis that is going on—it seems like it’s taking an interminable amount of time—but I understand the process, so we’ll reschedule the omnibus,” Judge William Ekstrum said. “If there are notices that need to be given if there are contested issues, and I understand there may well be as the results of the scientific analysis, we’ll take them as it comes.”

Assistant Washington County Attorney Karin McCarthy said prosecutors are not at a point where they can discuss omnibus issues, but when the investigation into McCloud’s cause of death is complete, those reports will be disclosed to defense attorneys.

Beyond that, the ongoing medical examiner’s investigation was not discussed in detail during Friday's hearing.

Richard posted bail in November and was released from the Washington County Jail.

Last week, Ekstrum amended the conditions of Richard’s release to allow him to enter a restaurant, even if it serves alcohol, as long as he follows the rules set by his probation officer.

The next hearing in the case is set for March 29 at 1 p.m. at the Washington County Government Center.

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