Article: Maryland Legal Briefs: August 17, 2009

Court backs dismissal of charges

The Court of Special Appeals has upheld the dismissal of reckless endangerment charges against counselors at a school for troubled juveniles who failed to call 911 while a student was dying.

Seventeen-year-old Isaiah Simmons III died at Bowling Brook Preparatory School in January 2007 after he was restrained as a form of discipline. His family, which has a civil suit pending, alleges that counselors sat on him, slowly asphyxiating him, and that they waited for 40 minutes after he stopped breathing to call paramedics.

A Carroll County Circuit Court judge had dismissed the grand jury indictment against the counselors for failure to state an offense.

The ...

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