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Family of 14-year-old boy attacked at McKinley High School files notice of claim against Buffalo Public Schools

sirgio jeter.jpg
Posted at 4:33 PM, Feb 21, 2022
and last updated 2022-02-22 09:54:08-05

BUFFALO, N.Y. (WKBW) — The Law Office of John V. Elmore, P.C. announced it has filed a notice of claim against Buffalo Public Schools and Superintendent Dr. Kriner Cash on behalf of 14-year-old McKinley High School student Sirgio Jeter.

Jeter was stabbed multiple times during an attack at McKinley High School on February 9.

According to a release from the law office, the notice of claim identifies BPS and Superintendent Cash as "as negligent actors for failing to provide a safe, and violence free school environment," and states administrators had notice a conflict was escalating and could have prevented it from happening.

"The Notice of Claim identifies Buffalo Public Schools, and Superintendent Dr. Kriner Cash as negligent actors for failing to provide a safe, and violence free school environment. The Notice of Claim 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. Instead, administrators failed to act with any meaningful response once they became aware of a potential conflict. The Notice of Claim also describes a culture of violence that was allowed to develop within McKinley High School, culminating in the tragedy that took place on February 9," the release says.

John Elmore, the attorney representing Jeter says Jeter's cousin received social media threats about a fight after school February 9th, and went to the principals office to discuss it that day, 26 minutes before the attack.

"And then the kid leaves the principals office, goes to class and then leaves the school with no intervention of potential violence," Elmore said. "This is preventable and the blood is on the hands of the Buffalo Public School District.

The law office said Jeter remains in critical condition at Oishei Children’s Hospital.

"He wakes up in fear everyday, he doesn't want to be left alone," said his attorney John Elmore.

The Erie County District Attorney's Office announced a 17-year-old boy is facing charges in connection to the stabbing of Jeter and a second 17-year-old boy is facing charges in connection to the shooting of a security guard during the attack. The security guard, a 27-year-old man, was shot in the leg during the attack. He was treated and released from the hospital and police said a 13-year-old was also grazed by a bullet on his side during the attack. He did not seek treatment until a day later for a minor grazing wound.

7 News reached out to the district for a statement and its general counsel released the following: "In light of this being a litigation matter, the District has no comment at this time."