No charges filed against juvenile who hit and killed girl in Grand Island

BUFFALO, N.Y. (WIVB) -- The person who hit and killed a Grand Island eighth grader in September is not being charged with any crime, according to court documents obtained by WIVB News 4.

On the night of Sept. 11, 13-year-old Leah Mayer was hit at the intersection of South State Parkway and Broadway while crossing the street. She died at the scene.

Following the incident, an online petition was started to install a traffic light and crossing signals at the Grand Island intersection described as "unsafe" by residents.

A preliminary investigation found no signs of impairment in the 17-year-old male suspected of driving the vehicle that killed Mayer. Court documents say the suspect was not charged with any crimes. The only vehicle and traffic violation he received was for driving out of class.

WIVB News 4 spoke with Leah Mayer's mother, Amy Mayer. She confirmed she will be pursuing legal action.

Mayer agreed the intersection where her daughter was killed is dangerous, but she is more upset a toxicology test was not administered to the driver. Legal analyst Barry Covert says that didn't happen because police found no probable cause.

"You can't just do it as a fishing expedition," said Covert. "You can't force them to give a blood draw for no reason at all."

In court documents filed in state supreme court, Mayer asked a judge to order the Erie County Sheriff's Office to turn over its files on the case. The sheriff's office denied her attorney's request on Nov. 4, citing the investigation was ongoing.

"Her family wants to know what occurred, so they know who to hold responsible for this," said Covert. "It's exceptionally frustrating that the county and local officials can say they don't have to give it to them."

The investigation has since ended. Mayer said she doesn't understand how the driver will not face criminal charges for the death of her daughter.

"It's frustrating for the families. It's understandably frustrating," said Covert. "The system is really not set up to make sure that every time someone's injured, someone else goes to jail for it."

Covert said he would expect a settlement to be reached regardless of who the lawsuit ends up being against. He also said it could take anywhere from three to five years before a trial gets underway.

WIVB News 4 has reached out to the Erie County Sheriff's Department, who say they have no comment.