Mandate the recording of Kentucky Board of EMS Hearings - Luke's law

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The Issue

In the quest for justice and transparency following the tragic and wrongful death of Luke Hinkel, we have faced continuous hurdles due to the lack of oversight and accountability with the Kentucky Board of EMS (KBEMS).   Despite a jury trial in 2022 that ended in a mistrial, this civil case remains entangled in legal battles and we now wait on a ruling by the Kentucky Supreme Court.  The defendants have persistently sought case dismissal, citing immunity, while my family continues to seek justice for the gross negligence and also seeks to change policies that will improve the handling of complaints by the Kentucky Board of EMS.  

Our civil case was scheduled to be heard for oral argument with the Kentucky Supreme Court of Appeals on December 10, 2025; however, proceedings were tragically postponed following the suicide of Paramedic Stone on November 28, 2025 and was later heard on June 18, 2026 in Ashland, Ky.  We are now waiting on a ruling and hope that the court will allow us to move forward with a second trial.  

To summarize, on the night of Luke's heart attack, protocols and procedures were not followed.   The ambulance service managed by Henry County Fiscal Court and the EMS Director knew that the cardiac equipment on board was faulty and was "hit or miss" according to their own words.  It failed to work on Luke, resulting in his untimely death.   The family discovered through an open records request that a whistleblower complaint was filed revealing that the agency was still operating "haphazardly" with faulty equipment one year after his death and the equipment had failed on another patient in the community. 

The family filed formal complaints with the Kentucky Board of EMS against (4) individuals who were directly involved on the night of Luke's incident to address the many protocols and procedures that were not followed on the night of his death.  The family also filed a separate complaint against Henry County Fiscal Court (agency) that was to be investigated by the Cabinet for Health and  Family Services.   The complaints against the EMS ambulance service and the EMS Director were dismissed with no investigation and the family was never provided a written notice of the findings nor were they notified of their right to file an appeal according to KRS. 311A.055. 

During the preliminary hearing before the Kentucky Board of Emergency Medical Services (KBEMS), Kimberly presented evidence raising serious questions about Luke’s emergency response and whether required EMS protocols and procedures were followed that night.   This included sworn testimony, and documented timelines from the underlying court proceedings, information from a whistleblower complaint alleging ongoing problems within the EMS agency and the checklist regarding the ambulance equipment.  She also provided evidence showing that Henry County Fiscal Court- the agency- and the EMS Director knew the LIFEPAK cardiac equipment was faulty before it failed during Luke’s emergency.

As the state agency responsible for licensing and oversight of EMS professionals, KBEMS was being asked to examine the failure of critical cardiac equipment, what personnel did after it failed, whether established protocols were followed, whether the resulting delay could have been avoided, and whether licensed professionals subsequently provided accurate accounts of what occurred.  Some of the evidence also raised concerns about conduct that Kimberly believed could potentially be criminal in nature and warranted further investigation.

According to sworn testimony from the EMT and paramedic transporting Luke, after the LIFEPAK failed at Luke’s home, the ambulance proceeded to the EMS Director’s residence and waited for a working LIFEPAK to be delivered. The EMS Director and another licensed paramedic involved disputed that a delay occurred. Yet a trip that should have taken approximately 15 minutes took more than 45 minutes before Luke arrived at the hospital. Kimberly believed these conflicting accounts and the documented timeline warranted a thorough investigation by KBEMS.   

One of the licensed paramedics involved was also a deputy sheriff and the fiancé of the EMS Director. He was participating in the KBEMS proceeding in his capacity as a licensed paramedic—not as a law-enforcement officer.  Nevertheless, he appeared in full law-enforcement uniform, equipped with his duty weapon, Taser, and vest.  After Kimberly presented her evidence, the deputy sheriff/paramedic stood and leaned across the table toward her. He was visibly shaking, screaming, and pointing his finger just inches from Kimberly’s face as he threatened to sue her for defamation. Kimberly had simply presented evidence to the state licensing board during this formal proceeding and asked it to investigate discrepancies in the accounts of what happened to Luke and whether EMS protocols and procedures had been followed.

The confrontation was concerning enough that, as the Board prepared to enter closed session, a KBEMS staff member approached Kimberly and her mother and advised them where to get security if they felt threatened.  For Kimberly, the fact that KBEMS staff felt it necessary to raise the issue of security immediately following the deputy sheriff’s outburst demonstrates just how serious and intimidating the situation had become; it wasn't just her and her mother who felt that the behavior was threatening.

The panel entered a closed-door session and returned with a decision to dismiss Kimberly’s complaints against the EMS Director and also the deputy sheriff/paramedic.    Kimberly remains deeply concerned that the deputy sheriff’s conduct and display of law-enforcement authority may have influenced—or created the appearance of influencing—the fairness of the proceeding.  

The following day, Kimberly reported the incident to the Director of KBEMS and also the Inspector General.   She was upset that the panel did not intervene and try to calm the situation while she was being verbally attacked and intimidated during the hearing.   She was advised to file a complaint regarding the deputy sheriff’s behavior with his law-enforcement supervisor, which she did.  It was during this time that Kimberly requested a recording or transcript of the KBEMS hearing to include along with her complaint to the sheriff's department as objective evidence of what had occurred and how he behaved towards her and threatened her.

She was told the hearing had not been recorded.  No transcripts... no audio or video recording of what had occurred. 

That discovery became a critical part of the reason for Luke’s Law. Kimberly had presented evidence concerning known problems with critical medical equipment, a whistleblower complaint, possible failures to follow EMS protocols and procedures, substantial discrepancies in the timeline, and conflicting accounts from licensed professionals. She was then aggressively confronted during the proceeding by a participant dressed and equipped as a law-enforcement officer, to the point that a KBEMS staff intervened and advised Kimberly and her mother to seek security if they felt threatened.

This is why these proceedings should be recorded. A recording protects complainants, licensed professionals, Board members, witnesses, and the integrity of the process. When a government agency is entrusted with investigating complaints and holding licensed professionals accountable, there should be an objective record of what occurs during those proceedings.

After KBEMS took no action despite the evidence presented, the family filed a criminal complaint with the Kentucky State Police (KSP). The concerns extended beyond possible violations of EMS protocols and raised questions about potential criminal misconduct, including official misconduct, materially false statements, perjury, and possible interference with the administration of justice.   Malfeasance generally refers to wrongful or unlawful conduct by a public official in the performance of official duties. When public officials or licensed professionals knowingly provide false information, fail to perform required duties, or misuse their authority, those actions warrant serious and independent review.

False statements and perjury are particularly significant because they can directly affect the outcome of an investigation or court proceeding.  When investigators, licensing boards, judges, or courts rely upon inaccurate information, the truth can be obscured, investigations compromised, and families denied a fair opportunity for accountability. Likewise, interference with an investigation or judicial process can prevent evidence from being properly considered.    

The subsequent KSP investigation only deepened the family’s concerns. According to open record requests, KSP did not want to be involved with due to the ongoing civil court case.  The investigation dragged on for nearly one year.   However, the former investigator who conducted the whistleblower complaint corroborated the family's claims and the former Director of Henry County EMS admitted to the detective that she had lied to the KBEMS during the whistleblower investigation.  She went on in her interview to describe the agency’s work environment at the time of Luke’s incident as “lax” and “complacent.”  

That raises a fundamental question: If information provided during the original KBEMS investigation was later acknowledged to have been false, shouldn’t the investigation and the decisions based upon it have been reexamined?  The family was never asking government agencies to presume anyone guilty. They were asking them to investigate the evidence, determine whether professional violations or potential criminal conduct occurred, and allow the facts to lead to the appropriate conclusion.

KBEMS took no action. The family turned to KSP. The matter was ultimately referred to a special prosecutor from Boone County, Kentucky, who also took no action.   The whistleblower complaint itself was filed by Paramedic Stone, who came forward with concerns regarding the agency and its operations. Tragically, Paramedic Stone died by suicide prior to our first Supreme Court date.  His death makes preserving and thoroughly examining the information he provided especially important.   

Because the Henry County Fiscal Court was granted sovereign immunity in the civil case, the civil proceedings did not provide a means to fully examine or impose civil liability for the actions of the Fiscal Court itself. This made the independent oversight role of KBEMS even more important.

As the state agency charged with regulating and overseeing EMS professionals, KBEMS was in a position to investigate the circumstances surrounding Luke’s emergency—including known problems with lifesaving equipment, whether required protocols and procedures were followed, what EMS leadership knew about the faulty equipment, and whether licensed personnel acted appropriately and provided accurate information during the investigation.

That investigation should also have determined who within county government and EMS leadership knew about the equipment problems, when they knew, and what actions were taken—or not taken—in response. To the family’s knowledge, members of the Henry County Fiscal Court have never been formally questioned regarding their knowledge of the documented equipment problems or conditions within the EMS agency.

Sovereign immunity should not mean immunity from scrutiny. Even where civil liability is legally barred, the underlying facts affecting patient safety and professional accountability still deserve a thorough investigation.   

Most importantly, investigation is not only about determining what happened to Luke—it is about preventing it from happening to someone else. Identifying failures in equipment, protocols, supervision, communication, or oversight allows those failures to be corrected before another patient or family is placed at risk. Without asking the difficult questions and determining where the system failed, there is no assurance that the same failures will not happen again.

Accountability is not simply about the past. It is one of the most important tools we have to protect the next patient, the next family, and the community.

This raises a fundamental question: If information provided during the original KBEMS investigation was later acknowledged to have been false, and key public officials were never questioned, how can the investigation be considered complete?  The family has never asked that anyone be presumed guilty. They have asked for a meaningful investigation that follows the evidence wherever it leads and determines whether professional violations, official misconduct, or potential criminal conduct occurred.  

 The family has twice requested open records on the agency complaint filed against Henry County Fiscal Court and no records can be found or provided to the family regarding this complaint.   The family was only given a verbal decision by the former Inspector General that there would be no action taken on the agency complaint.   

The family has never asked that anyone be presumed guilty. They have asked for a meaningful investigation that follows the evidence wherever it leads and determines whether professional violations, official misconduct, or potential criminal conduct occurred.  When serious allegations involving public safety, potentially false statements, and the conduct of public officials are repeatedly left unexplored, the questions do not disappear—they remain unanswered.  The Kentucky Board of EMS failed to act in the face of clear evidence, denying accountability,  and endangering the community it is charged with protecting silencing the facts and denying the family due process. 

To prevent such tragedies and ensure accountability, it's imperative to demand rigorous measures with the Kentucky Board of Emergency Management Services. We must mandate that all hearings regarding EMS complaints be audio and video recorded, preserving them as public records. Transparency in their decision-making processes will build public trust and provide clear evidence in potential appeals.

Moreover, parties involved in EMS complaints deserve to receive official written notifications of final decisions that include comprehensive information about their rights to file an appeal, ensuring that no one is left uninformed in the pursuit of justice.   

It is crucial to begin discussions about requiring body-worn cameras for EMS personnel. These cameras will serve not only as a tool for accountability but also as protection for both the EMS providers and the public. Body cameras provide an unbiased account of events, safeguarding against misunderstandings and false claims and can be used to improve training.  The testimony and depositions related to the night of Luke’s death vary, leaving no definitive record of the events that took place inside the ambulance.  The use of body-worn cameras would have captured the truth and explained why the delayed arrival to the hospital.   Luke did not die in vain, he was an organ donor.  

Luke was an organ donor, and following his death his body underwent the medical evaluation necessary for organ donation. The family was deeply troubled that his body reportedly showed no visible signs of trauma typically associated with prolonged CPR, raising additional questions about the care provided during the more than 45 minutes between leaving his home, waiting for a functioning defibrillator, and ultimately arriving at the hospital.

This is another example of why recorded evidence matters. Cameras in ambulances and other appropriate recording systems could provide objective evidence of what occurred during critical portions of an emergency response—helping establish what care was provided, when it was provided, and how personnel responded when lifesaving equipment failed.  Rather than forcing families, investigators, and courts to rely solely on conflicting accounts after a tragedy, recorded evidence could help establish the facts, protect responsible first responders, identify failures when they occur, and improve patient safety.

According to the National Institute of Justice, body-worn cameras have already shown notable effectiveness in other states by reducing false accusations.  Implementing similar measures for EMS in Kentucky will be a proactive step towards achieving true accountability and transparency.

This petition is a vital call to action to rectify systemic issues within Kentucky's EMS framework. By supporting these measures, we can help prevent another family from suffering due to lack of accountability and transparency.  We urge you to sign this petition to make these necessary changes a reality and honor the memory of those, like Luke, who have been impacted by these failures.

Below is access to articles not just surrounding our incident but also documentation that there continues to be ongoing challenges for ambulance services in Henry County.

The Louisville Courier Journal published a detailed article about this tragic incident Read the Courier Journal article 

Independent Journalist, Shay McAlister, has most recently broken down for readers the importance of this Supreme Court ruling and how it will impact future claims of negligence against government agencies and employees for those who are harmed by negligence.  You can listen to her 20 minute podcast that includes segments from my interview and our attorney.    One More Question podcast The map, the machine, and the meaning of immunityhttps://subscribe.transistor.fm/2337274fcbdb8f/listen/9f26bc9d

Shay also published on July 21, 2026 this article.   Records show Henry County EMS knew its defibrillators were failing. A man died. Now the state's highest court is deciding if anyone has to answer for it.

Henry County Local, June 26, 2026  Supreme court hears arguments in Hinkel death lawsuit

Henry County Local   Paramedic commits suicide ahead of Supreme Court hearing

Henry County Local  Hinkel death lawsuit moves to Kentucky Supreme Court

Henry County Local - Nov. 11, 2022  Five years later, Charles Hinkel death still unresolved by court

Jan. 21, 2025 Henry County goes behind closed doors and switches ambulance services from Baptist Lagrange to Ameripro citing more financial losses and reducing ambulance services across the county. Ambulance board hears concerns about contract change 

Wave 3 news coverage of the behind door changes

One year after we filed our lawsuit, the county turned over management to Baptist Lagrange and records show they were losing over $300,000 year and the reason they did not want to replace the faulty device until after our death.  Baptist Health to Take Over Henry County Ambulance

My first request for open records regarding my agency complaint and investigation came back with a denial to release  Denial letter of ORR.  My next request came back that they could not find any records related to my complaint.

Fiscal court minutes from Sept. 2017 shows that fiscal court agreed to replace the faulty equipment 3 days after Luke's death and acknowledge their awareness to the ongoing problems surrounding the equipment.

Please lend your signature to this cause to help support my advocacy for a more transparent and accountable emergency response system in Kentucky.  If you are on facebook, I have recently changed one of my profile pages specifically to address this advocacy and to raise awareness for victims.  I'm sure there are other families throughout Kentucky who have experienced negligence and don't know where to turn for help.  Raising awareness that there is a formal complaint system is half the battle.    I would ask that you please follow my page to help us reach other families    Luke's Law facebook page

avatar of the starter
Kimberly Hinkel-BrowningPetition StarterI'm a mother and advocate who is seeking legislative changes to bring accountability and due process for families who file complaints with the Kentucky Board of EMS.

The Decision Makers

#Rep. Jennifer Decker
#Rep. Jennifer Decker
Kentucky State Representative - Vice Chair, Judiciary Committee
#Rep. Kimberly Poore Moser
#Rep. Kimberly Poore Moser
Kentucky State Representative- Chair, Health Services Committee
#Representative Matthew Lehman
#Representative Matthew Lehman
Kentucky State Representative- District 67
#Representative Mark Hart
#Representative Mark Hart
Kentucky State Representative- District 78
#Representative Pamela Stevenson
#Representative Pamela Stevenson
Kentucky State Representative- Judiciary Committee

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