Seeking Support for the Rashad Montel McClaney Act: Supported by Victims of Crime and Leniency

Rashad always encouraged others with his mantra, "Win The Day", and it would be quite a "Win" when we see this come into law! Thanks again for supporting this cause!

NOTE: You can sign the petition without making a contribution. Contributions advance the exposure of the petition and ARE NOT received by the Rashad Montel McClaney Foundation.

ISSUE

On November 3, 2018, tragedy struck our family. Our son and brother, Rashad Montel McClaney, experienced a brutal and untimely death. The night before, Rashad offered support to a sick and inebriated, college student who was at risk of being sexually violated. Her former boyfriend came to the apartment to find Rashad sleeping on the floor, as a result of overnight care for his friend. After a verbal altercation, the defendant returned with the co-defendant, both carrying firearms. The ordeal ended in our beloved Rashad being choked to death. As he lay dying in an apartment filled with approximately five other people and the defendant at work, no one took the humane and morally responsible step to dial 911. After two and a half hours, the defendant was summoned back to the apartment where they all realized the severity of the defendant's actions. Contemplating next steps, the defendant transported Rashad to the hospital, where he was pronounced dead on arrival.

This horrifying event has led us to propose an amendment to Alabama's manslaughter law, encapsulated in the 'Rashad Montel McClaney Act'. This proposed amendment seeks to hold individuals accountable for failing to call for emergency aid when others are clearly experiencing medical distress in their presence. The current Alabama Code §13A-6-3 does not encompass the lack of action resulting in loss of life, a grave oversight that this petition seeks to address. The proposal is as follows:

§ 13A-6-3. Manslaughter.

(a) A person commits the crime of manslaughter if:                                         
(1) He recklessly causes the death of another person. Recklessly includes but is not limited to the failure to summon emergency aid or at the minimum call 911 or emergency personnel within a reasonable time, when a person who is your guest or a person whom you have care and or control of is suffering from an obvious serious medical emergency that could result in death or serious injury, or
(2) He causes the death of another person under circumstances that would constitute murder under Section 13A-6-2; except, that he causes the death due to a sudden heat of passion caused by provocation recognized by law, and before a reasonable time for the passion to cool and for reason to reassert itself.

(b) Manslaughter is a Class B felony.

Did you know, bystander intervention in states with Good Samaritan laws has proven to reduce overdose fatalities by up to 15%? (Source: National Institutes of Health) Given that Alabama ranks 13th in the nation for fatal overdoses, it seems clear that imposing a legal responsibility to take action during emergencies can save lives.

Rashad would not have been a statistic had this law been in effect. Let's bring about this vital change to avoid other families suffering as we have. Don't allow a life that could be saved to slip away. Sign this petition for change for Rashad, for Alabama, for our Nation, and for a better, more just tomorrow.