They lost their 17-year-old son after he was restrained by six staffers at a private reform school. Now Isaiah Simmons III?s family hopes not to relive the horror over and over, at six different trials.
So the family wants all six defendants, former staffers at now-closed Bowling Brook Preparatory School, to be tried together.
“Because of the emotional stress of it all, it would be much easier for us to make itone trial,” said Danielle Carter, the victim?s sister. “It wouldn?t make sense at all to have individual trials.”
Six school counselors could find out in a week if they face the same evidence ? or if they can fight charges separately.
The state argued this week that the counselors were in the same area when they failed to call 911 “in a timely fashion,” so it saves time and money to try the defendants for reckless endangerment together.
“If anyone had called 911 while they were away at the administration building, they would all be absolved,” said Kelley Galvin, senior assistant state?s attorney. “It?s the same standard.”
But defendants acted as individuals, and not one group, argued their six defense attorneys, so they should be considered separately.
“You?ve got to differentiate between what each person knew and didn?t know to determine their responsibility to call 911,” said attorney Steven Allen. “It?s not a collective duty.”
If they are tried together, defendants cannot be cross-examined by other defense attorneys to help show others? innocence.
Simmons died after six counselors at Bowling Brook Preparatory School near Taneytown held him down for three hours. They called emergency services 41 minutes after he passed out, the state?s attorney?s office said.
Since his January death, Simmons? family and the National Association for the Advancement of Colored People have called for the investigation and removal of State?s Attorney Jerry Barnes because he did not pursue charges for manslaughter.
The defendants? trial is set for the middle of next month.
