Lawyers for Dennis Harding, Brian Gerard Kanavy, Jason Willie Robinson, Mark Richard Sainato and Shadi Sabbagh argued that indicting someone based on the "omission of a duty" - or failing to act - does not fit the definition of reckless endangerment.
In an 11-page opinion issued yesterday, Galloway agreed, saying that "while the [reckless endangerment] statute covers a broad array of activities, it is clearly not meant to cover all activities."
The statute serves "to punish conduct that creates a substantial risk of serious injury or death," Galloway wrote, and has been "deliberately construed to punish affirmative actions rather than passive inactions."
To rule in favor of prosecutors, who contended that the counselors had a duty to call 911 in a timely manner, "would be condemning broad categories of inactions," Galloway wrote.
Danielle Carter, Simmons' sister, said it was "absolutely absurd" to rule that "these counselors essentially didn't have a duty to try to save this child's life" by calling for medical attention "in a timely manner."
Joshua R. Treem, Robinson's attorney, said his client was "thrilled" when told of the court's decision.
"He was the youngest of all the defendants and had just graduated [from] college," Treem said. "This was his first permanent job, and all of a sudden he is being held responsible for somebody else's death. That's quite a burden."
Jan Bledsoe, Harding's attorney, said her client was ecstatic. "He's had this hanging over his head for over a year now," she said.
Jason W. Shoemaker, the lawyer for Sabbagh, said his client's excitement was "somewhat tempered by the fact that there still is a tragedy in this case" - Simmons' death.
Galloway's ruling comes days after the reckless endangerment charge against Michael Paul Corradi, the sixth counselor indicted in the incident, was dropped.
Federal authorities began a civil rights investigation shortly after Simmons' death, which Wolf said remains open.
"The FBI office in Baltimore will be evaluating the judge's decision and then determining what its role will be in the future in reference to the case," Wolf said.
Marvin L. "Doc" Cheatham Sr., president of the Baltimore branch of the National Association for the Advancement of Colored People, said he was in a state of disbelief when he learned that the charges against the counselors had been dismissed.
"This state prosecutor dropped this ball from Day One," Cheatham said. "A youth lost his life due to homicide and he comes out with that kind of charge? A child now is dead and no one has either accepted responsibility or apologized, and no one is being held accountable."
Wilson and Carter said they would continue to fight for Simmons.
"Our faith is completely unshaken by this" development, Carter said. "We believe justice can and will prevail."
arin.gencer@baltsun.com greg.garland@baltsun.com
