When one thinks of a “Good Samaritan” the idea that comes to mind is of one who rescues or saves a life.
See Luke 10:25-37. These three men took a life. One definition of Good Samaritan is, “A good Samaritan in legal terms refers to someone who renders aid in an emergency to an injured person on a voluntary basis.
Usually, if a volunteer comes to the aid of an injured or ill person who is a stranger, the person giving the aid owes the stranger a duty of being reasonably careful.”
http://definitions.uslegal.com/g/good-samaritans/
An attempt has been made to transform this killing into some sort of no-fault, Good Samaritan homicide, as though no human is responsible for the taking of this young boy’s life despite the convergence of a three man mob descending upon and asphyxiating this child.
Mr. Chisholm’s preposterous and undeniable conclusion is that the three men did Corey a favor by killing him.
Milwaukee County District Attorney Chisholm apparently considered the matter under Section 940. 06 Second-degree reckless homicide and Section 939.24 Criminal Recklessness of the WI Statutes, and declined to charge the three perpetrators.
Section 940.06 Second-degree reckless homicide states, “(1) Whoever recklessly causes death of another human being is guilty of a Class D felony.”
A class D felony carries a fine of up to $100,000 and imprisonment not to exceed 25 years, or both.
Section 939.24 defines criminal recklessness and says in part, “’ Criminal recklessness’ means that the actor creates an unreasonable and substantial risk of death or great bodily harm to another human being and the actor is aware of that risk.”
As regards criminal recklessness, DA Chisholm decided, according to the Milwaukee Journal Sentinel: “Prosecutors concluded that the three customers had no intent to harm Stingley when they restrained him, nor did they believe there was sufficient evidence that any of the three was aware that their actions created a substantial and unreasonable risk of great bodily harm.
To be guilty of criminally reckless conduct, the men would have to be aware of the risk, and because none was trained in the use of forcible restraint, they did not know that certain maneuvers against Stingley carried such risk.”
After meeting with the DA Chisholm, I was hoping to get a better understanding of why there could not be some charge of negligent homicide brought against these three individuals who acted in concert and thereby created a cause and effect relationship between their joint activity and Corey’s death. Although the meeting was informational, I left disappointed and frustrated. My heart goes out to the Stingley family and I fully support their request for a federal investigation.
These men are not heroes. They are killers. This is immoral and unfair: A young African American child’s life has been taken and DA Chisholm cannot or will not figure out a way to charge these killers. Where is the justice? There is no wonder that the community distrusts the legal system. A young Black child is killed with no consequences. Unfortunately, in Milwaukee County the significance and dignity of Black life has eroded to the point where their killers have become icons.
Russell W. Stamper II
