It’s been just over a year since Malcolm McFadden died at the CTA L Station on Cicero and Lake Street, but his mother wasn’t aware he passed away until she filed a missing persons report. He eventually was found inside the county morgue, six weeks after his death.
He’s been laid to rest now, but Ayanna McFadden hasn’t buried the issue. She’s demanding more from the Cook County Medical Examiner’s Office.
“[I want them to] notify people’s families correctly, [to] be accountable for what they do,” said McFadden. “Leaving a voicemail is not getting in contact with anybody’s loved ones. It’s unacceptable.”
McFadden’s grief is prolonged, she says, because of the lack of timely closure regarding Malcolm’s death. That time lapse is why she and other moms are advocating for a “compassionate system” of death notification and identification within the medical examiner’s office. Additionally, at least one family is proposing legislation that calls for an end to unchecked immunity that shields the medical examiner’s office from accountability when it fails to properly identify bodies or notify families in a timely and compassionate manner.
The mothers continue to meet with politicians and to march to bring attention to the issue. Their latest protest was July 21, where McFadden, Ruthie McKinnie and their families took to the sidewalks outside the Medical Examiner’s West Side offices.
“I can’t get any closure, because there’s no acceptance or admitting that [they are] you’re wrong or ‘I’m sorry I made a mistake,’” said McKinnie, whose son Kelvin Davis was misidentified and left inside the morgue for 39 days in 2024. “Sooner or later, they have to take some accountability and responsibility for the pain that we’re living with.”
They are also proposing legislation at the state level that would allow “some civil penalties in situations like this,” according to McKinnie’s lawyer, Chris Jahnke. He also thinks there should be a review board to look at similar situations.
Here’s what happened in Malcolm McFadden’s case. He accidentally fell onto the electrified third rail on July 20, 2024, according to a Chicago police incident report obtained by The TRiiBE. He was subsequently brought to the Medical Examiner’s office on July 21, 2024. Using information from an identification card found on his person, the Cook County Medical Examiner’s Office conducted a search in public records database Accurint and found a tentative next of kin named Travis McFadden, a younger brother.
The Cook County Medical Examiner called the younger McFadden and also left a voicemail on the following day, but that call wasn’t returned until Aug. 16, 2024. That’s according to Natalia Derevyanny, a spokesperson for the Medical Examiner, who previously talked to The TRiiBE about the matter.
“My brother was a nice guy,” said Travis McFadden, who confirmed receipt of one call from the medical examiner’s office. “He ain’t bring no problems to nobody. The situation just really messed me up. I still don’t really understand it.”
He and his mother think the office should have tried harder to reach him or another family member.
“It is 2025. Who really checks their voicemails after all these scam calls?” Ayanna McFadden said. “They ought to be ashamed of themselves.”
As for McKinnie, after not hearing from her son, Kelvin Davis, for three weeks, she was encouraged by her daughter, Deborah Davis-Smith, to file a police report. She did so on July 9, 2024, and provided Chicago police with identifying information such as freckles and tattoos, one of which says, “I love Mom.”
On July 10, 2024, McKinnie was notified by a representative from the medical examiner’s office that her son had been at the morgue since June 3, 2024 under the wrong name of Kevin. His first name was misspelled.
“My brother was in there for 39 days, and we could have buried him sooner,” said Davis-Smith. “He was under the wrong name, and you have the capacity to identify people correctly, you have the capacity to do the things that you need to do, to do your job, and all the things that are there, but all of a sudden, you don’t do it. That’s a problem.”
An autopsy revealed Kelvin Davis died from complications related to cardiovascular autonomic neuropathy.
The medical examiner’s office referred to earlier statements regarding this situation. The office of Cook County Board President Toni Preckwinkle did not respond to recent inquiries regarding this story.
McKinnie, a resident of West Rogers Park, has also gotten support from Ald. Debra Silverstein (50th Ward), whose ward includes parts of the neighborhood. In a letter to Gov. J.B. Pritzker dated May 1, Silverstein urges the governor’s office “to conduct a review of current practices and to explore necessary improvements in protocols, training, and oversight.”
In February, Jahnke, on behalf of McKinnie, filed a lawsuit against Cook County and the Cook County Medical Examiner for their negligent handling of the son’s situation, according to Jahnke. The lawsuit specifically requests the release of agency records that were allegedly improperly withheld from McKinnie by county officials.
Additionally, McKinnie and her attorney met with Illinois State Sen. Ram Villivalam (D-8) on July 10 to discuss proposed legislation. In a statement to The TRiiBE, Villivalam’s office confirmed the meeting.
“I was able to learn more about Ms. McKinnie’s devastating situation,” Villivalam’s office said via an emailed statement. “As always, we will continue our discussions on potential legislation to ensure other families do not have this experience.”
Next, McKinnie and Jahnke are hoping to meet with Pritzker.
“The legal hurdles are very stringent,” Jahnke explained.
