You’re in an accident and fearful of what may happen next, what should you do?

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MILWAUKEE (WITI) -- An accident and one man's subsequent decision will forever haunt two Milwaukee families.

In a matter of moments, 2-year-old Damani Terry ran into the street near 48th and Glendale.

Police say Archie Brown Junior hit Damani with his van, stopped and appeared distraught. That's when the boy's uncle, Ricky Chiles shot Brown in the street -- a stray bullet struck and killed Damani's brother, 15-year-old Rasheed Chiles.

Four days later, Chiles killed himself in a Chicago motel with U.S. Marshals closing in on him.

"It is a first for me in all the years," said Criminal Defense Attorney, Ray Dall'Osto.

Ray Dall'Osto has practiced criminal defense since 1977.

"Both in private practice and as a public defender in Milwaukee, Racine County. I've handled cases all around the state and in federal courts and it's a first," said Dall'Osto.

Dall'Oso says Brown's death could be cited in a future case where a driver left an accident scene, saying they feared someone was going to be shooting.

"Potentially it could but it's gonna be very dependent on the specific facts of what happened," said Dall'Osto.

Dall'Osto says in any case, the driver has to stop -- it's the law. At that point, if the driver fears for his safety, he can leave, but must immediately dial 911.

"They should contact the authorities, whether it's to go a couple blocks away, make sure police are there, and maybe with a police escort come back," said Dall'Osto.

Milwaukee police repeat that message, saying "if a driver fears for their safety after a traffic crash, they should immediately drive to a police station while calling 911 to report the incident."

Dall'Osto says in order to even have a legal argument for leaving a scene out of fear, the driver must be able to explain what specifically made them fearful. Did someone threaten them? Was there a large, angry crowd? Even then, the driver must have immediately called police.

6 comments

  • wtf

    I will never again stop in milwaukee…I will call 911 & drive to somewhere safe..anywhere …after this I probably won’t even venture into milwaukee!!

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