Ross Compton…Not As Healthy As He Claims To Be

Ross Compton was charged with aggravated arson and insurance fraud all thanks to his pacemaker. He’s not as healthy as he claims to be.

Ross Compton, of Middletown, Ohio, was charged with aggravated arson and insurance fraud all thanks to his pacemaker.  Turns out, he’s not as healthy as he’d like one to believe. Compton had told authorities when he discovered the fire, which occurred at his Middletown, Ohio, residence in September 2016, he immediately packed up his belongings, broke the glass of his bedroom window with a cane and tossed them outside. He also happened to mention he had an artificial heart.  This may have not been the best choice.  Investigators decided to see if his pacemaker data matched Compton’s story, which seemed suspect given his medical condition, and secured a warrant to check it out.

As suspected, the recorded heart rate and cardiac rhythms just prior to the event and during the time Compton claims he threw out his things just didn’t match his story.  A cardiologist who was asked for his opinion stated it was highly improbable someone in Compton’s physical condition would be able to pack up and remove his things from the apartment so quickly.  He simply isn’t as healthy as he claimed to be and wouldn’t have had the strength or endurance to complete these tasks as quickly as he said he did.  Police used this statement along with additional evidence collected from the scene to conclude that Compton must have been involved.  They discovered there were multiple points from which the fire originated and found gasoline on Compton’s clothing and shoes.  “It was one of the key pieces of evidence that allowed us to charge him,” Lt. Jimmy Cunningham said.

Compton responded to the charges by stating they were “uttered insane”.  “This investigation has gone way out of control,” he said, claiming he didn’t have any reason to set the fire.  The man’s neighbors said they simply never considered the fire would have been started intentionally.

It is common for medical records to be pulled into the courtroom, or at least for legal personnel to attempt to pull these records, in child custody litigation or abuse cases.  The parties are eager to prove or disprove facts oftentimes with the use of medical data and doctors’ dictations.  However, collection of potentially sensitive data raises all kinds of privacy questions.  HIPPA (Health Insurance Portability and Accountability Act of 1996) seeks to promote privacy in the potential release of medical information.  Patients are now required to sign a form which gives them the option of releasing these records to specified persons or choosing to keep them to themselves.  If a patient chooses not to release his or her medical information to third parties, it takes a judge’s order to secure the information needed, and this fail safe often leads the party and the judge to reconsider its importance to the case.

“Americans shouldn’t have to make a choice between staying healthy and privacy,” says Electronic Frontier Foundation staff lawyer Stephanie Lacambra. “We as a society value our rights to maintain privacy over personal and medical information, and compelling citizens to turn over protected health data to law enforcement erodes those rights.”

This is the first time Middletown investigators had thought to use a pacemaker in an investigation.  Their decision to use it as a key piece of evidence is certainly controversial, and could lead to further litigation.

Sources:

Data on man’s pacemaker led to his arrest on arson charges

Middletown man’s electronic heart monitor leads to his arrest