Reckless-endangerment charges were dropped Tuesday against five counselors in the death of a 17-year-old at Bowling Brook Preparatory School.
The counselors held down Isaiah Simmons, of East Baltimore, for nearly three hours on Jan. 23, 2007, and did not call 911 until 41 minutes after Simmons stopped breathing, Carroll County prosecutors said. Simmons was sent to the Keymar school for troubled youths after being convicted of armed robbery.
The state medical examiner ruled the death a homicide, and Simmons? family members, joined by civil rights leaders, have demanded felony manslaughter charges. But reckless endangerment, a misdemeanor, does not include actions people do not take, Carroll Circuit Court Judge Michael Galloway said in his ruling.
“The purpose of the reckless endangerment statutes is to punish conduct that creates a substantial risk of serious injury or death,” Galloway wrote in an 11-page ruling. “The reckless endangerment statute has been deliberately construed to punish affirmative actions, rather than passive inactions.”
Danielle Carter, Simmons? sister, expressed outrage.
“It?s absolutely appalling that a judge would rule that those responsible for Isaiah?s death would not be held responsible for saving his life,” Carter said. “Our faith is unshaken, and we still believe that justice can and will prevail. It?s just obvious that?s not going to happen in Carroll County.”
Marvin “Doc” Cheatham, head of the Baltimore City Chapter of the National Association for the Advancement of Colored People, said he was stunned.
“A youth has been killed that was in the custody of the state of Maryland, and right now there?s nothing,” Cheatham said. “All we?ve seen now is a youth is dead and it?s business as usual.”
Cheatham blamed prosecutors for not trying the case more effectively from the start.
“A great injustice has been done here,” Cheatham said. “I?m just real down. It shook me real bad.”
Jason Robinson, Brian Kanavy, Shadi Sabbagh, Mark Sainato and Dennis Harding had their charges dropped Tuesday.
Galloway dropped charges Friday against another counselor, Michael Corradi, after his attorney argued that the grand jury indicted him on faulty evidence. Corradi was not near Simmons when the teen lost consciousness, but called 911 when he returned to the area, evidence showed.
Jason Shoemaker, attorney for defendant Shadi Sabbagh, said he always believed the charges were unconstitutional.
“I personally don?t think this could have happened to a better group of individuals,” he said of the charges being dropped. “At the same time, our excitement is tempered. There was a tragedy, and our thoughts and prayers go out to the family.”
