Attorneys for North Tonawanda train crash victims file petition against police, city
BUFFALO, N.Y. (WIVB) — The attorneys representing two victims of the train crash in North Tonawanda that left three people dead last month have filed a petition against the North Tonawanda Police D… The attorneys for the victims of the train crash in North Tonawanda, which left three people dead last month, have filed a petition against the North Tonwanda Police Department and the city. The petition alleges that police negligence led up to the train accident, which occurred on May 17. The victims were identified as 69-year-old David McMinn, 66-year old Olive Geldart, and 6-year year old Ra'Mari Geldatt. The attorneys are seeking access to copies of police reports, photos, Amtrak train data, area surveillance video, body camera footage, and recordings of 911 calls.
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BUFFALO, N.Y. (WIVB) — The attorneys representing two victims of the train crash in North Tonawanda that left three people dead last month have filed a petition against the North Tonawanda Police Department as well as the city.
The petition, which was filed in State Supreme Court in Niagara County on Monday, claims police negligence leading up to the train hitting the car on Felton Street and River Road in North Tonawanda around 8 p.m. on May 17. The three killed were identified as 69-year-old David McMinn, 66-year-old Olive Geldart and 6-year-old Ra’Mari Geldart.
The documents state that when McMinn turned onto Felton Street, “the vehicle was prevented from completing its route of travel onto Felton Street due to the presence of multiple police patrol vehicles from multiple police agencies that were stopped obstructing the roadway thereby preventing [McMinn’s vehicle] from completing its turn and forcing it to remain on the railroad tracks located at the intersection.”
According to a witness, the pickup truck pulled onto the tracks and within 20 seconds, the crossing gates came down.
Police were doing a saturation patrol in the area on that night, with several local police agencies in the area doing a crackdown on warrant arrests as well as conducting traffic stops. Police were conducting a traffic stop in the area just before the crash.
In the petition, attorneys are requesting access to copies of police reports, including the “identity of police agencies that were present within one square mile, two hours prior to and two hours after the fatal incident,” photos, Amtrak train data, area surveillance video, body camera footage, and recordings of 911 calls.