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After student death, family, community activists seek answers from Buffalo School Board

The family of Marcell Yanders say they made numerous requests to have Marcell bused to school and for him not to walk.

BUFFALO, N.Y. — Community activists are going door to door, near P.S. 18, the Dr. Antonia Pantoja Community School of Academic Excellence, where 12-year-old Marcell Yanders was hit by a pickup truck while walking home from school on Monday.

They're raising awareness about what happened, passing out flyers, hoping the effort leads to new information. 

The crash happened on Hampshire Street near Albany Street, several blocks from Marcell's school. 

"We're following every lead, and we're pounding the concrete, passing out flyers, keeping his name relevant, and making people understand that this 12-year-old boy who lives in this community, goes to school in this community, and now he's going to be absent from this community," said Pastor Tim Newkirk of GYC Ministries. 

Marcell died just before what would've been his 13th birthday. 

"You don't know what you took from me. He was sweet, sweet to the touch, very polite, he was just so sweet," said Chanel Everhart, Marcell's mom.

She says she made numerous requests to have Marcell bused to school. 

"I begged them not to make my son no walker. I begged these people. I begged them, and they still let him walk. I begged them, the school bus people, he shouldn't be a walker that's 10, 11 blocks to my house," she said.

Elena Cala, a spokesperson for Buffalo Schools says the district has no record of the request. 2 On Your Side also emailed and called First Student, the school bus agency for Buffalo Schools, but we have not heard back. 

Here is the district policy on student busing

It states: "Students in grades K – 8 attending schools more than .7 miles and less than fifteen miles walking distance from their home are eligible to receive transportation on yellow buses provided by Buffalo City School District (“BCSD”)." 

As for the police investigation into the crash, police say the driver, who has not been charged, remained at the scene and is cooperating with police. 

Investigators are reviewing the truck involved and say they do have video of the accident and are seeking the driver's cell phone records. 

"Our accident investigators have the vehicle, they'll examine electronically examine the vehicle, we have video of the accident and we're getting more video," said deputy commissioner Joseph Gramaglia of Buffalo Police. "At this point, both substances any impairment do not seem to be a contributing factor there was no detection of that."

Police won't say how Marcell ended up in the street. 

"We need to see what the cameras are saying, we need to know what happened and we need anybody that was a witness to come and let us know what happened," Newkirk said.

Newkirk says he and Marcell's family will attend Wednesday's Buffalo School Board meeting at Waterfront Elementary to seek answers from school district officials. 

The Fair Fines and Fees Coalition, which has fought for improvement safety to local roadways has issued a statement: 

"For over a year, the Fair Fines + Fees Coalition has been advocating for improved safety infrastructure in School Zones throughout the City of Buffalo.  Last spring, we worked with the Buffalo Common Council to pass an ordinance amendment REQUIRING crosswalk striping, speed humps, flashing beacons, improved speed signage, “SCHOOL” pavement markings, and other critical infrastructure improvements in EVERY school zone.  The City of Buffalo had until September 1, 2021, to comply with this new law.  However, the City FAILED to do so. 

The Dr. Antonia Pantoja Community School Zone is WITHOUT striped crosswalks, speed humps, flashing beacons, improved speed signage, “SCHOOL” pavement markings, or any other piece of critical safety infrastructure necessary to keep children safe. 

Lowering the risk of tragedies like the one that happened Tuesday requires City investment in proper school zone safety infrastructure.

Today, the Fair Fines + Fees Coalition is renewing its call to the City of Buffalo Department of Public Works to IMMEDIATELY install the infrastructure that is required by law to keep children safe at Dr. Antonia Pantoja Community School and all other schools in Buffalo.

Our Coalition is wholly committed to the safety of every child in Buffalo, and we will continue to fight for these basic roadway improvements which we know will help keep our children safe."

Michael Finn, the commissioner of Buffalo's Department of Public Works has issued a statement:

"The City of Buffalo's Department of Public Works implemented all of the crosswalks for schools that were afforded in the current budget. In this first phase- DPW prioritized schools located on or near main streets with heavy traffic volume. The plan, that was approved by the Common Council, calls for additional school areas to be completed in the coming years contingent upon funding being able to be sustained."

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