BALTIMORE (Map, News) - The family of a teen killed at a school for juvenile offenders plans to ask state legislators to change reckless-endangerment laws to include inaction.

Counselors held Isaiah Simmons III facedown for nearly three hours in January 2007 at Bowling Brook Preparatory School in Keymar after the 17-year-old had an outburst, police say. The counselors, according to police, did not call 911 until 41 minutes after the East Baltimore teen stopped breathing.

“It’s been a year, and that may not feel like a long time to some, but it is for a family that’s grieving,” said Marvin “Doc” Cheatham Sr., head of the Baltimore City branch of the National Association for the Advancement of Colored People.

But the reckless-endangerment charges against the counselors do not include inaction, such as not calling 911, Carroll Circuit Judge Michael Galloway ruled when he dismissed the charges.

State Sen. Catherine Pugh, D-Baltimore City, said she was appalled at the 41-minute lapse before the 911 call, adding that hearings may be needed to investigate whether reckless-endangerment laws should be changed to include inaction. Simmons’ family and the Baltimore City NAACP are considering suing Carroll County State’s Attorney Jerry Barnes, alleging he poorly investigated Simmons’ death because the victim was black.

“The family was not communicated with on a general basis by the State’s Attorney’s Office,” Cheatham said. “We are not alleging race as far as his death. We are alleging race with the poor handling of his death.”

Prosecutors, the judge and grand jury were white; Simmons was black.

The state medical examiner ruled the death a homicide, and the family has pushed for felony manslaughter charges instead of misdemeanor reckless endangerment against five school counselors.

msilvestri@baltimoreexaminer.com