No charges to be filed in death of Corey Stingley

MILWAUKEE (WITI) -- The findings of a John Doe investigation into the death of Corey Stingley were released on Friday, January 10th. They show no charges will be filed in the case.

Stingley was found unconscious and not breathing by the West Allis Police Department after a struggle with three customers at VJ's Food Mart on December 14, 2012. Once emergency crews arrived on the scene, a pulse was restored to Stingley -- but he never regained consciousness. Stingley died on December 29, 2012.

Since Stingley's death, a John Doe investigation was conducted in Milwaukee County. The conclusion of that investigation reads as follows:

"It is clear that the purpose of restraining Corey Stingley was to hold him for police. The police were called immediately and on the police arriving, Corey Stingley was released. There is no evidence that Corey Stingley advised anyone during the struggle that he was in distress and there is no evidence that any of the three actors were aware that what they were doing was creating a substantial and unreasonable risk of death of great bodily harm to Corey Stingley. None of the actors were trained in the proper application of restraint. The State, based on the evidence before it, cannot establish an intent to harm Corey Stingley."

The conclusion also states, "the preponderance of the evidence indicates that none of the three men who restrained Corey Stingley were aware of the harm they were causing him. Criminal recklessness specifically requires subjective knowledge that the actors were aware of causing death or great bodily harm. The State does not feel that it can meet this burden of proof."

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