Richard faces assault charge in McCloud case

Murder charges dropped after no definitive ruling on victim’s cause of death

The Washington County Attorney’s Office has dropped murder charges against a Stillwater man in connection with the death of a man following a September altercation at a downtown nightspot.

Second-degree murder without intent and first-degree manslaughter charges against Eric Kaprice Richard II were dismissed after the medical examiner could not rule Adam McCloud’s death a homicide, said County Attorney Pete Orput.

Richard now faces a first-degree assault charge in the case, according to Orput. Richard could face from 74 to 103 months in prison if convicted on the charge, Orput added.

The original charges against Richard resulted from a Sept. 28 incident at Smalley’s Caribbean BBQ between Richard and McCloud. A probable cause statement said Richard and McCloud got into a dispute at the restaurant and restaurant security camera footage showed Richard punching McCloud and the victim falling backwards and hitting his head on the floor.

McCloud was taken to Regions Hospital in St. Paul for treatment of nose, right orbital bone and skull fractures and intercranial bleeding that caused respiratory failure. McCloud later suffered a series of strokes and died Oct. 4.

Orput said the medical examiner’s office could not rule McCloud’s death a homicide because McCloud apparently fell out of his bed at the hospital and struck his head on the floor.

“It looks like there’s a significant intervening cause,” Orput said. “Somehow, he (McCloud) managed to roll out of his bed.”

“Obviously there’s lots of disappointment. Adam was in the hospital for one reason and one reason only and I’d like him (Richard) to take responsibility for that.” McCloud family spokesperson Larry Odebrecht said. “It won’t deter us from continuing to do good in Adam’s name. We hope to get justice and do good.”