BUFFALO, N.Y. (WIVB) – The 14-year-old McKinley High School student who was stabbed during a fight just after dismissal Wednesday has puncture marks in his colon, diaphragm, and kidney, prosecutors said in court Monday morning as they sought to keep a suspect held without bail.
The judge ultimately ordered that 17-year-old suspect, also a McKinley student, should remain held in custody over the objections of his defense attorneys.
The victim, who the Erie County District Attorney’s office said was still in the hospital Monday, was stabbed 10 times, prosecutors had previously said. A school security guard was shot in the leg while coming to his aid. He was treated released from the hospital hours after the incident. A third individual, 13, later came forward saying they may have been grazed by a bullet.
The suspect accused of involvement in the fight which led to the boy’s stabbing has been charged with attempted murder and assault. Erie County District Attorney John Flynn has not said whether he physically committed the stabbing, and argued he didn’t have to. He has charged the boy under the legal theory of accomplice liability, alleging he was involved in the fight.
“Not only are we looking for others. We are trying to specifically figure out who did what,” Flynn said at a press conference Monday afternoon.
During the suspect’s bail hearing, prosecutors said the boy admitted to punching and kicking the victim, but denied having a weapon. They noted they did not accept the suspect’s claim that he didn’t have a weapon as credible. They added he was, “one of the only individuals striking the victim in a way that could have caused the stabbing.”
Prosecutors also said video shows the suspect approaching the victim with his hand in his pocket. A knife has still not been recovered, Flynn said.
Louis Mussari, the suspect’s defense attorney, argued that prosecutors overcharged his client.
“There is nothing to indicate this individual is the person who stabbed anyone,” Mussari told the judge.
Mussari added that the 17-year-old maintains he was not involved in the stabbing.
“At this stage in the process, we’re just looking forward to defending our client. It’s very early. It’s early on,” Mussari told News 4 after court.
A second 17-year-old suspect was arrested Monday and charged with attempted murder, assault, and criminal possession of a weapon in connection with the shooting of the security guard. No charges have been filed in connection with the 13-year-old who was grazed.
“Before I charge the shooter with that offense, I want to see the medical records first,” Flynn said.
Chris Horvatits is an award-winning reporter who started working at WIVB in 2017. A Lancaster native, he came to Buffalo after working at stations in Rochester and Watertown. See more of his work here and follow him on Twitter.