Details of Corey Stingley case being made public

CREATED Jan 14, 2014 - UPDATED: Jan 14, 2014

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WEST ALLIS - What happened inside a West Allis convenience store involving teenager Corey Stingley is being made public for the first time since it happened in December 2012.

Three customers restrained the alleged shoplifter until police could arrive, but Stingley later died and now, after a lengthy investigation, the Milwaukee county district attorney has decided those three men will not face charges.

Chisholm acknowledges he knows the decision's controversial, and admits he's had sleepless nights over it, but ultimately, Chisholm said he had to do what was right.
Surveillance video, just released by West Allis police, shows Stingley enter the store. He walks up and down the aisles, putting bottles of vodka in his bag. He attempts to pay for a non alcoholic beverage and is confronted by the clerk.  Stingley grabs his debit card, then tries to run out, but is stopped by three men, who hold him down, ultimately causing his death.  Jonathan LaVoy and Julius Kim represent one of the men who got a black eye in the struggle.
"This is a very difficult case for everyone involved and my client is relieved it's over but again, no one's celebrating," Jonathan DeVoy, attorney.
"I think that everyone used the force that they thought was reasonably necessary to keep Mr. Stingley under control and there's no evidence to the contrary," said Julius Kim, attorney.
District attorney John Chisholm agrees there just wasn't enough evidence to bring charges.
"And as we looked at it, we really looked at two factors. The first was, was there any intent behind any of the customers at the store when they intervened in what was an alleged retail theft and everyone agrees that there was no intent to deliberately harm Mr. Stingley," said Chisholm. 
The second consideration was for possible reckless conduct charges.
"And in order to do that, we have to show that the person was aware that their conduct created an unreasonable and substantial risk of death or great bodily harm," said Chisholm.
But, Chishold said they couldn't.
Stingley supporters are now calling for John Chisholm to resign. He's got a few more years in office and he's not planning to step down. He tells us as difficult and painful this is for the family, he needed to base his decision on the law.