Authorities in Winston-Salem say they are going to arrest adults who watched but didn't stop a park fight that ended in a shooting that killed two teens.
On Tuesday, Winston-Salem police chief William H. Penn Jr. said that while there are no other suspects they are looking for, they would charge adults who "stood by" during a fight the day before at Leinbach Park on Sally Kirk Road between two groups of young people and did not stop it.
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"Although they're young adults, they're adults," Penn said in a Facebook reel. "We're sending a message that if you stand by, encourage, aid, or abet our juveniles into delinquent behavior, we will not tolerate it in our community."
Penn did not elaborate on what charges adults who watched the fight would face.
That warning is raising questions: Can the law hold bystanders accountable? Retired judge Carl Fox says simply watching or even recording is not a crime.
“There is no law requiring them to do that, to get involved," Fox said. "There is no duty on a private citizen to get involved in preventing a crime, there just isn’t.”
The fight eventually escalated into a shooting that killed a 16-year-old and a 17-year-old, and injured five more people between the ages of 14 and 19. During a press conference after the shooting, Penn said parents and adults needed to take a more active role in making sure kids and teens in the city were staying out of trouble.
"When I say, 'Hey, we're having a problem with unsupervised kids going out in the streets,' you need to keep with where they are. That's why I'm giving you that information," Penn said during his Monday press conference, adding that he didn't think arresting everyone was the answer.
"If I thought arresting folks was the answer, we'd do that. And guess what? We have done that, and we're still running to the same issue. It's called public safety because we all play a role."
However, Fox says that unless you are law enforcement, it is not your responsibility to step in during an altercation, and it could get you hurt.
“You don’t know what’s there. You don’t know whether someone is armed with a gun or a knife. So there is no legal duty to do that," Fox said.
According to Fox, even calling 911 isn’t legally required, though it is the right thing to do. Charging bystanders with no direct involvement, he warns, could face legal challenges.
“Let’s say they’re not co-conspirators, they’re not principals, they were not involved in starting the fight or encouraging the fight, they have no legal duty to get involved. And they (Winston Salem Police) will get sued," Fox said.
Late Tuesday, Winston-Salem police officers charged an 18-year-old with felony child abuse for his role in the fight and shooting. Police said Joel Michael Gamble-Toliver went to the park when he learned about the preplanned fight and eventually shot a gun during it.
WRAL News has reached out to the Winston-Salem Police Department regarding the plans to charge people who watched the fight and didn't stop it. As of Wednesday afternoon, WRAL News has not heard back.