Local mother advocates for ‘duty to act’ bill after son’s death 

TUESDAY, Feb. 25 — Shirley Mitchner knows that nothing will bring her son back to life after his friends left him to die on the banks of the Grand River in Lansing. She just hopes that others won’t be forced to meet a similar fate. 

In June 2014, Brandon Mitchner, 22, was out drinking with friends in Lansing. After his party bus stopped at a local bar, he and another man stumbled off toward the river before Brandon allegedly took a fall down a steep embankment. His friend ran from the scene, according to police reports. And Mitchner couldn’t be found when his friends returned. 

Police reports noted that Mitchner had been “very intoxicated to the point where he had trouble standing” and that he was known to pass out at parties after one too many drinks. Still, after Mitchner fell, his friend — at least temporarily —abandoned him. Nobody came back to help. No calls were made to 911. And Mitchner’s body was pulled from the Grand River the following day. 

“My son was left to die in the Grand River,” Mitchner explained. “I’m not saying that anyone should put themselves in danger to help out, but what’s so wrong with calling 911? What’s wrong with saying something? Everyone has a phone. People need to be held accountable when they leave someone to die.” 

The Lansing Police Department labeled the death an accidental drowning and closed the case. Still, Mitchner isn’t satisfied. What exactly happened on the riverfront that evening? Who knew her son was in danger yet left him to drunkenly drown in the river? And who is going to hold them accountable? 

The Michigan State Police is taking another look at the case and could eventually reopen an investigation into the death. Mitchner suspects foul play. Ingham County Prosecutor Carol Siemon is also willing to consider charges if new evidence is found. But for now, Mitchner waits. And in the meantime, she wants to ensure others get help. 

Michigan doesn’t clearly outline criminal consequences for silent observers that fail to help others in mortal peril. But Mitchner, along with State Rep. Julie Brixie, D-Meridian Twp., hopes a bill introduced early last year will be passed into law and set a legally mandated “duty to act” to assist others that find themselves in dangerous situations. 

“Even though it can’t help my child, I’d like to see this law help someone else,” Mitchner said. “This law is just the right thing to do. What ever happened to protecting your brother? It’s a selfish world, but this law can help change that. It’s all about holding people accountable when they leave someone else to die.” 

Brixie’s “duty to act” bill (HB 4507) was introduced last April and referred to the House Committee on Judiciary. It requires citizens, without putting themselves in danger, to give “reasonable assistance” to those in “grave physical harm.” And a failure to do so would become punishable by up to 90 days in jail and a fine of up to $500.  

“I think we can all agree that we have a moral obligation to help others,” Brixie explained. “This is about whether there should be a legal obligation too. My bill says that you have a legal requirement to help.” 

Committee on Judiciary Chairman Rep. Graham Filler , R-Dewitt Twp., hasn’t allowed the legislation to move forward. Brixie said it’s on his desk along with a large number of other bills proposed by her Democratic colleagues, but Filler won’t explain the delay. A spokeswoman from his office declined to comment.  

Demands for meaningful consideration of the legislation, however, have garnered support within Greater Lansing. Brixie attributed the delay entirely to partisan politics; She couldn’t think of a reason someone wouldn’t support “common sense” legislation that bears no costs and could save lives.  

“If you’re a parent or a spouse of someone who passed away and you find out that somebody else was there and did nothing? That can be a heartbreaking situation,” Brixie added. “I can’t even fathom how it would feel to be put in that situation. This bill can help people to survive. That’s what it’s all about.” 

Several other states — like Minnesota, Vermont and Rhode Island — have passed “duty to act” laws in recent years that establish misdemeanors for failing to help others in danger. And while Michigan passed a Good Samaritan law in 2016 that allows overdose victims to seek medical help without criminal charges, there is no specific statute that would hold someone accountable for leaving another person for dead. 

Lansing Fire Chief Mike Mackey said he teaches kindergarteners to call 911 when someone needs help and was surprised to hear that laws to mandate the practice aren’t already on the books. Ingham County Sheriff Scott Wriggelsworth said he generally supports the ongoing push to turn Brixie’s “duty to act” bill into law. 

“There are circumstances where I think it’s the right thing to do, just as long as you’re not being forced to put yourself in harm’s way to help another person,” Wriggelsworth added. “If someone is going to die and another isn’t helping, I would suggest that’s the wrong thing to do, so I think this makes sense.” 

Lansing installed guardrails and a sign warning about the dangerous incline along the stretch of riverside where Brandon reportedly fell to his death. Mitchner still visits the site, hoping to “feel something” to bring her closer to her son and to better understand the details surrounding his death. 

In the meantime, she just doesn’t want any others to needlessly lose their lives without getting some help. 

“If this helps just one other person out there, then it’s worth the time, the hard work and the dedication that we’re putting into this,” Mitchner added. “I also want people to understand that this law is not about taking away your rights. We’re not taking anything like that away.  It’s just about saving someone’s life.”