Buffalo, N.Y. (WBEN) - The first adolescent offender taken into custody for his role in stabbing a 14-year-old multiple times at McKinley High School this past Wednesday was remanded in Erie County Family Court on Monday.
The 17-year-old offender was in court for a bail application when his case was heard by Youth Part Judge Kelly Brinkworth. After nearly an hour of deliberation from both sides, Judge Brinkworth continued the remand for the adolescent offender, based on the charges currently pending which are serious in nature.
Judge Brinkworth noted in her decision that the adolescent offender, at this time, is considered a flight risk, while he also secreted a jacket worn at the time of the incident that has since been turned over for evidence. The adolescent offender is also not a U.S. Citizen, adding into consideration of him being a flight risk.
Until there is a felony hearing before the court for the adolescent offender, Judge Brinkworth says there can be no bail determined based on evidence. That felony hearing is expected to take place on Wednesday, Feb. 16 at 2 p.m. EST.
Representatives for the defendant requested a change in bail on Monday, entering a plea of not guilty to the charges against him. The 17-year-old offender was arraigned early Friday morning and charged on one count of Attempted Murder in the Second Degree and one count of Assault in the First Degree (Class "B" violent felonies).
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As part of their hearing, the defendant's representatives argued the People are wrong for charging the adolescent offender in this case, saying he was in the wrong place at the wrong time. They also say there was nothing to indicate the adolescent offender was the one responsible for stabbing the 14-year-old victim.
On the flip side, the plaintiff acknowledges their position was not that the offender was in possession of a firearm, but that they were a participant in the assault of the victim. They say that multiple identified the adolescent offender as a participant, and that offender did admit he was a participant in the fight, punching and kicking the victim. The People believe that the offender was in the forefront of the group, and the only individual that indicated to strike the victim that could have been a stabbing.
It was also mentioned during the hearing that an extensive review of the footage from the school shows that the offender was present with his hand(s) in a pocket prior to the assault. Over the next two shots that were in the video, it then showed the victim grabbing his midsection after the assault took place.
It is important to note that no weapon was confiscated at the time the 17-year-old was arrested, and the clothing that was taken for evidence, including a jacket that was left at a friend's house, had no evidence of blood.
The adolescent offender claims to not know any of the other participants in the altercation that took place in the parking lot of McKinley High School, but the plaintiff says they know that not to be true at this time.
While the adolescent offender is not a U.S. citizen, it has been noted he has been cooperative with police during this investigation. The defense claims that the offender was the easiest individual to identify, but that shouldn't be reason to make him the most culpable.
Instead, the focus of this case now, according to the defendant's side, is to focus on where the gun used is, where the knife used is, and who's responsible for what unfolded on Wednesday.
Meanwhile, another 17-year-old was taken into custody on Monday in connection to the shooting outside McKinley High School that left a 27-year-old security officer shot in the leg, and a 13-year-old with a grazing wound to the arm.
The investigation into the incident remains ongoing.
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