New information revealed in Corey Stingley case

CREATED Jan 16, 2014

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MILWAUKEE - We spent a lot of time on the phone and knocking on doors Thursday, trying to get in touch with the men involved in the Corey Stingley case, and trying to find out what the options are now for the Stingley family.  We also found out that the medical examiner ruled Corey's death a homicide, but that doesn't mean it was a crime, it just means he died at the hands of another person.

The big thing we learned, Corey Stingley died in the struggle to detain him. The medical examiner calls it Anoxic Encephalopathy, or in terms that are easier to understand, brain damage due to a lack of oxygen.  Craig Stingley first those words from doctors at Froedtert.
"And they said that that happens suddenly from a violent struggle, from him being choked, from him being strangled.  They equated it to a shaken baby type of injury," said Craig Stingley, Corey's father.
But, Craig Stingley does not think it was an accident. He's now asking the U.S. Justice Department to take action. But, former federal prosecutor Jeff Wagner says the feds may have a tough time with the case.
"The problem here though is to prove a federal civil rights violation, you not only have to prove the intent elements that they would have had to prove at the state level, but you would also have to prove that essentially there was a racial motivation," said Wagner.
Another question arises, if the Milwaukee D.A. felt he couldn't issue homicide charges, why not go with something less?
"They would have to show that the individuals that restrained him should have known, or could've reasonably known that by restraining him in the fashion that they did that it was gonna lead to his death," said Wagner.
Wagner looked over the D.A.'s report and can understand why Chisholm's not issuing charges, but the family could still sue the men in civil court.
"I have no doubt that the family members through their attorneys will probably bring a lawsuit, so there are still avenues of justice for people who feel unsatisfied with this, but not every unfortunate thing is a crime," said Wagner.
We also reached out to the three men in the case. One declined to talk. The other two weren't home. We did look into their backgrounds. Two of the men have a single run-in with police, one nearly 20 years ago.  The other has a clean record.