MILWAUKEE (WITI) — The findings of a John Doe investigation into the death of Corey Stingley were released on Friday, January 10th. They show no charges will be filed in the case. However, the father of 17-year-old Corey Stingley is charging ahead, and says he's not giving up on fighting for justice for his son.
Stingley was found unconscious and not breathing by the West Allis Police Department after a struggle with three customers at VJ’s Food Mart on December 14, 2012. Once emergency crews arrived on the scene, a pulse was restored to Stingley — but he never regained consciousness. Stingley died on December 29, 2012. A Medical Examiner later ruled Stingley suffered a lack of oxygen to his brain.
"They were really doing nothing more than holding him for the police to come and do their job," Jonathan LaVoy said.
LaVoy is the lawyer representing one of the three men who held Stingley down.
LaVoy says the Milwaukee County District Attorney did the right thing, finding no evidence for criminal charges in Stingley's death. LaVoy says Stingley hit his client and gave him a black eye during the struggle.
"Nobody wanted this result. I think he feels like he initially did the right thing by trying to get the police involved after he was punched, but at the same time he would never have gotten involved in this knowing what happened, what ultimately happened here," LaVoy said.
Corey Stingley's father, Craig Stingley says he will pursue another investigation by federal authorities. He says "This is not just a crime against my son. It's a crime against humanity."
Craig Stingley says despite the District Attorney's ruling, they are "back in the saddle and going to ride it until the right thing is done."
There is no word from the U.S. Attorney's Office as to whether it will investigate Stingley's death.
The conclusion of the John Doe investigation into Corey Stingley's death reads as follows
“It is clear that the purpose of restraining Corey Stingley was to hold him for police. The police were called immediately and on the police arriving, Corey Stingley was released. There is no evidence that Corey Stingley advised anyone during the struggle that he was in distress and there is no evidence that any of the three actors were aware that what they were doing was creating a substantial and unreasonable risk of death of great bodily harm to Corey Stingley. None of the actors were trained in the proper application of restraint. The State, based on the evidence before it, cannot establish an intent to harm Corey Stingley.”
The conclusion also states, “the preponderance of the evidence indicates that none of the three men who restrained Corey Stingley were aware of the harm they were causing him. Criminal recklessness specifically requires subjective knowledge that the actors were aware of causing death or great bodily harm. The State does not feel that it can meet this burden of proof.”