Medical Examiner releases report on death of Corey Stingley

MILWAUKEE (WITI) -- The Milwaukee County Medical Examiner released its report on the death of 16-year-old Corey Stingley on Thursday, January 16th.  Stingley died following an incident inside VJ’s Food Mart in West Allis on December 14th, 2012.

According to the report, Stingley died after he was restrained by customers inside VJ’s Food Mart. The clerk who was working that night told FOX6 News Stingley was trying to shoplift beer, but three patrons physically restrained him until police arrived.

Stingley was found unconscious and not breathing by the West Allis Police Department after a struggle with the three customers. 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.

According to the Medical Examiner's report, Stingley died from anoxic brain injury after being physically restrained. In the report, doctors stated that Stingley's airway had been obstructed with "reasonable force," as he had petechiae to his eyes, face and neck.

Surveillance video taken inside VJ’s was released on Tuesday, January 14th. The video shows three VJ’s customers restraining Stingley after they saw him shoplifting.

A police report points to the time Stingley is seen in the video putting six small bottles of vodka in his backpack. The surveillance video shows Stingley being confronted by the clerk as he tried to pay for an energy drink. Stingley is seen reaching for his debit card and then running. In the upper part of the screen a struggle can be seen as three men stop Stingley.

While most of the struggle is out of camera range, police say Stingley punched one customer in the face. That customer said he briefly put Stingley in a choke hold. Stingley ends up going down.

On Friday, January 10th, the Milwaukee County District Attorney’s Office ended a lengthy investigation. The result — no charges for the three customers involved.

On Wednesday, January 15th Craig Stingley demanded the men involved in his son's death be charged.

"They used too much force to restrain someone and I believe in the end, these three men who took the law into his own hands, and took the life of a 16-year-old young man, will be put behind bars because of what they did," Stingley said.

District Attorney John Chisholm says he would not be able to legally prove who is responsible for Stingley’s death. He says there was absolutely no intent to kill the teen.

“Their goal was to intervene and hold him until police arrived. They were restraining him after what was initially a violent encounter. I can’t make charges based on popular sentiment. It’s got to be based on the facts. It’s got to be based on the law and what we can prove beyond a reasonable doubt. If I apply any other standard, I’m not doing my job. I’m standing by that decision, and accept any criticism that comes along with that,” said Chisholm.

Craig Stingley is now asking for a federal investigation. There is a protest outside the District Attorney's office scheduled for Friday, January 17th.