A judge dismissed the charges against five counselors in the death of an East Baltimore teen at a Carroll County school for juvenile offenders, saying yesterday that a failure to call for help does not constitute reckless endangerment.
Carroll County Circuit Judge Michael M. Galloway ruled that although counselors are accused of waiting 41 minutes to call 911, reckless endangerment charges should be dismissed because that law applies to acts, not failure to take action.
The ruling outraged the mother of 17-year-old Isaiah Simmons, who died at the privately run Bowling Brook Preparatory School, and led her to renew her call for federal charges.
"I have no faith in the Carroll County justice system," said Felicia Wilson, Simmons' mother. "I'm not going to stop fighting for justice for my son."
Prosecutors intend to appeal, said Allan Culver, a senior assistant state's attorney.
Wilson said she hoped that federal charges would be filed.
Richard J. Wolf, the spokesman for the FBI's Baltimore office, said federal authorities have been monitoring developments in the case.
A Bowling Brook official and several of the counselors' lawyers praised the decision.
Brian Hayden, an administrator and member of the nonprofit organization's board of directors, issued a written statement for the school that the ruling "affirms that these gentlemen had nothing but the utmost concern for the safety and welfare of Isaiah, and they reacted as quickly and effectively as possible in an effort to avoid this tragedy.
"Bowling Brook expected that our employees would be fully exonerated," Hayden wrote. "Unfortunately, we have arrived at this place because a promising young man has died before he could achieve the dreams we all had for him, but we are relieved that the tragedy has not been compounded further by subjecting our former staff members to criminal sanctions."
Simmons, the father of a young girl, died Jan. 23, 2007, after losing consciousness while Bowling Brook counselors pinned him face down to the ground, restraining him for about three hours. His death, which was ruled a homicide, helped spark reforms in Maryland's long-troubled juvenile justice system, including a ban on face-down restraints at state-run institutions. Bowling Brook closed in March.
Each of the counselors had been indicted on one count of reckless endangerment for waiting 41 minutes to call 911, even though the teen was unresponsive and in need of medical attention.
