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Odd poison killed child

June 13,2004
ROSELEE PAPANDREA
  DAILY NEWS STAFF

It's unusual for someone to die from Atroban poisoning.

But it's the pesticide that Dr. William Kelly, an Onslow County medical examiner, determined killed 7-year-old Kayla Allen last August.

While toxicologists eventually determined that the pesticide was in both a water bottle found on Kayla's bed and in her stomach, it took almost six months to figure out what the poison was because it's not one typically tested at the state's toxicology lab in Chapel Hill.

State toxicologists, who have testified in cases involving more common poisons such as arsenic, were quick to refer questions to someone more familiar with Atroban.

Dr. Daniel Sudakin, a physician with the National Pesticide Information Center at Oregon State University, said most of the calls received on the hotline deal with children who have had accidental exposure to bleach or window cleaner. But he was familiar with Atroban, an insecticide used in homes and in agriculture.

"It is very rare for pesticide formulations like Atroban to be intentionally ingested," Sudakin said. "In adults, most of these types of cases involve suicidal ingestions. Occasionally, small children - usually under the age of 5 - will encounter an open pesticide container and drink some of the contents, but fortunately these types of incidents are uncommon."

Kayla's guardian, Carolyn Futrell, 33, of 333 Futrell Loop Road in Richlands, was charged last month with murder and felony child abuse in connection with Kayla's death. She is in Onslow County Jail without bond.

Kayla went to live with Futrell when she was 2 years old. At the time, Futrell was married to Jeff Allen, the brother of Kayla's biological mother, Nicole Allen. Futrell and Jeff Allen divorced when Kayla was 5. Futrell remained the child's legal guardian. Nicole Allen's parental rights were terminated in April 2003.

The child, who was a second-grader at Richlands Primary School at the time, was found not breathing in her bed at about 11:13 a.m. on Aug. 24. Onslow County Emergency Services transported Kayla to Onslow Memorial Hospital where she was pronounced dead on arrival, according to a Sept. 3 search warrant obtained by the Onslow County Sheriff's Department.

When Futrell was first interviewed by authorities on Aug. 24, she allegedly said that Kayla didn't feel well so she gave her Dimetapp, an over-the-counter cold medicine, according to the search warrant.

"Carolyn Futrell said that Kayla told her she was going to get a bottle of water and take it to her bedroom," the warrant said.

Futrell allegedly told authorities that she kept empty Dasani water bottles under the left side of the sink. A Dasani water bottle was found between the pillow and headboard of Kayla's bed, according to the warrant.

"The bottle contained a milky, white in color liquid," the warrant said. "The liquid was neither water nor milk and smelled chemical in nature."

The liquid was later determined to be Atroban, which smells like turpentine, although at the time investigators couldn't find any product with the same odor in the residence.

Atroban is often used to kill flies on cattle but can also be sprayed around outdoor dog pens to kill fleas and ticks. Several feed and grain stores as well as home improvement stores were contacted, and none carry the name brand Atroban. They do carry products with permethrin, which is the active ingredient in Atroban.

Kelly determined that the smell of Kayla's stomach contents and what was in the bottle were similar. Following inconclusive autopsy results, he sent evidence to the state's toxicology lab to determine the exact chemical in the stomach and bottle.

Sheriff's detective Tom Robinson interviewed Futrell again on Sept. 3. Futrell allegedly said she knew Kayla got water that Sunday morning because Futrell heard the faucet running, according to the search warrant.

"I told Carolyn Futrell that the contents of the water bottle found on Kayla's bed was not water. It was believed to be a pesticide product," Robinson said in the probable cause affidavit necessary to obtain a search warrant. "I told Carolyn Futrell that same pesticide product was found in Kayla's stomach."

Futrell allegedly told Robinson that when she lived at 303 Futrell Loop Road she used a pesticide to kill ants. At the time, Futrell found an empty Dasani water bottle in the yard, which she said she used for the pesticide mixture. She described the liquid as clear and then turning cloudy. When Futrell moved, she took the bottle with her, the warrant said.

"Carolyn Futrell said that she took the water bottle containing the pesticide to 333 Futrell Loop Road and put it under the right side of the sink," the warrant said.

Robinson was given a warrant to search 303 Futrell Loop Road where he found a bottle of Atroban, according to the warrant.

Robinson spent nine months investigating the fatality before the District Attorney's Office charged Futrell. District Attorney Dewey Hudson said one of the challenges in prosecuting a case where someone dies as a result of poison is proving that it wasn't a suicide or accidental death.

"You have to determine how the poison got in the girl's system," he said. "When you arrest someone, you want to be sure you made the right decision. You want to be thorough."

It's up to a jury to decide who is responsible for Kayla's death but based on toxicology reports, there is no doubt that the Atroban in her system is what caused her to die.

Atroban also contains xylene, which is an organic solvent similar to fingernail polish, Kelly said in an interview in February. The direct cause of death is aspiration of the organic solvents present in the permethrin product, according to the medical examiner's report released Jan. 31.

"(Xylene) is a nasty alcoholic material that would cause pretty immediate nausea and vomiting," Kelly said. " ...It's very irritating. You can imagine swallowing fingernail polish."

Typically, if a person is "overexposed" to Atroban from ingestion, symptoms include confusion, disorientation, drowsiness, muscle jerking and seizures, Sudakin said.

Kelly said he believes Kayla died soon after swallowing the liquid.

"It would be really quick," he said.

Contact Roselee Papandrea at rpapandrea@jdnews.com or at 353-1171, Ext. 238.



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