Buffalo, N.Y. (WBEN) - The mother of the 14-year-old stabbing victim in the recent McKinley High School attack intends to sue the Buffalo Public Schools as well as Superintendent Dr. Kriner Cash.
Attorney John Elmore revealed Monday that his firm has filed a Notice of Claim against Buffalo Public Schools, and Superintendent Cash on behalf of McKinley High School freshman, Sirgio Jeter, who was stabbed multiple times during the February 9 shooting and stabbing incident on school grounds.
The teen's mother, Aurielle Austin of Buffalo, signed the Notice of Claim on behalf of her son and is the first step required to commence litigation against a government entity in New York State.
The claim identifies Buffalo Public Schools, and Superintendent Dr. Kriner Cash as negligent actors for failing to provide a safe, and violence free school environment and describes in detail how school administrators had notice that a conflict was escalating among students, and that the school could have prevented this violent tragedy from occurring.
Additionally, the claim says administrators failed to act with any meaningful response once they became aware of a potential conflict and describes a culture of violence that was allowed to develop within McKinley High School, culminating in the tragedy that took place on February 9.
"On this particular day, Sirgio Jeter's cousin went to the principal's office and vice principal's office on at least two occasions," said Elmore. "He was explaining that he was in danger and someone wanted to fight him. Administrators didn't do anything. They sent him to his last period class and then he left school at dismissal."
The attack took place on school grounds. "We put our children in the trust and care of teachers and administrators to make sure they're safe when they go to school," said Elmore. "The situation was out of control at McKinley."
Sirgio Jeter remains in critical condition at John R. Oishei Children’s Hospital.
"He's clinging to his life," added Elmore. "He has a stab wound to his lungs, his kidney and colon. Also, multiple stab wounds to his diaphragm." In addition the teen is afraid to be alone. "His mother and grandmother are with him 24 hours a day."
Jeter is also described as a good kid, no trouble in his past, and not involved with gangs. "He has a clean record, was liked by everybody and now his life has been ruined," said Elmore.
When reached by WBEN to respond to the Notice of Claim, the district released the following statement; "In light of this being a litigation matter, the District has no comment at this time."
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