CHEEKTOWAGA, N.Y. — A grieving family said goodbye Tuesday to their young child who was hit by a car as the case against the accused driver moves forward.
Michael Conklin or "Mikey" as he was known was laid to rest this morning.
Just as family, friends, and others filed into a church in Lancaster for the funeral of 10-year-old Michael Conklin, they saw signs wishing his spirit to fly high.
But then at the same time in a Cheektowaga courtroom, 37-year-old Kevin Mendola of Buffalo, wearing shackles, was back before a judge for a preliminary hearing which was waived for current charges of criminally negligent homicide and leaving the scene of a fatal incident.
Also in the courtroom were several friends of the Conklin family who did not comment but wanted to show their presence. And indeed "Justice for Mikey" signs are found in a nearby park at Griffiss and Lovejoy.
That's where police and prosecutors say last Wednesday Mendola and his girlfriend were in a vehicle looking for other kids who they say shot the girlfriend's son with a BB gun.
They were confronted in the park and apologized. But a crowd formed and that's when police say Mendola backed up their vehicle and hit Michael. But then police say he allegedly pulled forward and struck him again.
Erie County District Attorney John Flynn says Mendola did get out to check on the boy but then took off before Cheektowaga Police pulled him over,
Whatever the case, Mendola's attorney briefly spoke with us after he was bound over for the grand jury. Kelly Kapperman told us, "First and most importantly the death of this child is an absolute tragedy. My client is devastated and heartbroken. This is a tragic accident."
Also reaction Tuesday afternoon from Michael's brother Dale Hanson. He said "We need to be able to move on and that's what he wants. But at the same time we have to demand safety for our community. And that is the number one thing Mikey is doing. I cannot tell you what he would want. But I feel this is what he needs and we need these charges to be upgraded to murder."
The investigation continues as Flynn ponders a more severe manslaughter count.
But for now, Mendola, who is being held on $50,000 bail faces a seven-year jail sentence if he is convicted on the existing charges.