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'John Doe' petition, father seeks charges
In West Allis, 16-year-old Corey Stingley died more than a decade ago.
MILWAUKEE - In West Allis, 16-year-old Corey Stingley died more than a decade ago.
Since, his father has been fighting for criminal charges to be filed. A special prosecutor's request Thursday may have him waiting even longer.
The hearing in Judge Milton Childs' courtroom did not last long – less than five minutes total. Craig Stingley did not say much, but wants criminal charges to be filed for the death of his son.
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In December 2012, police showed up to a West Allis convenience store. Corey was inside pulseless, unconscious and being held down. Surveillance video showed the teen putting liquor bottles in his backpack. When the clerk confronted him at the counter, the teen tried to run off – and three customers restrained him.
Corey later died. The medical examiner ruled he died from anoxic brain injury – noting his airway was obstructed with "reasonable force."
Surveillance video of Corey Stingley
More than a year later, Milwaukee County District Attorney John Chisholm declined to file charges against the three men involved, one of whom has since died. Racine County District Attorney Tricia Hanson also investigated the case and did not issue charges.
Stingley petitioned the court under a seldom used part of the state's "John Doe" statute, which allows for a complaint to be filed if a district attorney refuses to issue one. He asked the court for a new special prosecutor and whole new John Doe case not connected to Hanson's prior decision.
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"You’re willing to continue to investigate, but asking me to remove you as special prosecutor?" Childs asked Special Prosecutor Ismael Ozanne.
"I’m asking you to dismiss this Doe," Ozanne answered.
Corey Stingley
Ozanne, the Dane County district attorney, said Thursday he's concerned a Dane County judge's decision could impact the Stingley case.
"I just think it would be an easier way, so we don’t have to deal with this challenge to our appointment if we were to move forward any further," he said.
Text of Ozanne's motion was not filed with the court. He said he did discuss it with Stingley, and Childs said he will review the request and have a decision at a hearing next month – just more time to wait in what's been years of waiting for a father.