Buffalo, N.Y. (WBEN) In the aftermath of the fights outside McKinley High School on Tuesday, there is plenty of reaction to Buffalo School Superintendent Dr. Tonja Williams' statement that Buffalo public school students are not out of control.
Williams blamed the massive fight on poor decisions by students who have been impacted by the global pandemic.
Flynn sees it differently.
"I heard the phrase 'holistic approach' during the district's news conference," said Flynn on WBEN Thursday. "I'm all for a holistic approach...but if you're going to use a holistic approach, then we have to use everything including tough love, accountability, discipline, and if need be, punishment. So let's not talk about holistic approaches unless we're going to use everything in our tool box."
One arrest was made on Tuesday, despite the fact that the fights involved hundreds of students and that Buffalo Police had to use pepper spray to control the crowd. A 16 year old male is facing misdemeanor charges of obstruction and resisting arrest. He is being petitioned to family court.
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"Unless you have video evidence that shows how the fights started, who initiated it, and statements that kids made to police, you're going to have a difficult time bringing more charges," added Flynn.
This case will not go through the DA's office. All misdemeanors for anyone under 18 years old automatically go to family court.
"He'll get services and counseling provided to him." But Flynn acknowledges that it may not work. "The student may need punishment but he's not going to get that in family court."
Fights in schools are nothing new in Western New York, in the city or in suburban districts. One trend has caught Flynn's attention. "Since Covid, I have seen a decrease in age in the overall crime on my desk, especially violent crime and gun violence. The ages get lower and the age of the victims is lower and lower as well. That tells me one thing, that more youth are engaging in violent behavior. It's not perception, it's reality," he said.
When it comes to youthful offenders, do punishments fit the crime today? "What has happened over the past couple of years, with social justice, including raise the age law, bail reform. discovery reform, and legalization of marijuana, it's sending a message to the community that government is on the side of defendants, and government is not on the side of victims or the public at large. That's the perception that's out there," noted Flynn.
He continued by saying that kids are well aware of this. They know they can get out of certain cases with no bail. They know that under raise the age, they're automatically going to family court.
"That mentality, in my opinion, leads to a lack of accountability and a lack of punishment."
