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Families of fatal Amtrak train crash file petition against North Tonawanda, police department

Attorneys representing the families of Olive and Ra'Mari Geldart recently filed a petition in Niagara County court.

NORTH TONAWANDA, N.Y. — A petition has been filed with in Niagara County Supreme Court by attorneys representing the families of Olive and Ra'Mari Geldart — two of the victims killed in the deadly crash between an Amtrak train and truck in North Tonawanda. 

Three people were killed in the crash. David McMinn was the other victim. 

The petition claims that the estates of Olive and Ra'Mari Geldart have "meritorious claims for wrongful death and conscious pain and suffering." 

According to the petition, "patrol vehicles from multiple police agencies were obstructing the roadway, thereby preventing the McMinn vehicle from completing its turn and forcing it to remain on the railroad tracks located at the intersection. 

2 On Your Side reached out to the City of North Tonawanda for a response to the petition but have not yet heard back. 

Attorneys are also seeking 25 different types of documents and video evidence from the crash. According to the court documents, they had tried obtaining numerous documents related to the crash from the city and police department but were denied due to the ongoing investigation. 

A judge has scheduled a virtual court date on June 27, where the city and police department will need to show cause regarding the release of materials the families are seeking. 

The Federal Rail Administration is still investigating the crash and a report is expected by the end of the year. 

Recently, 2 On Your Side photojournalists saw CSX installing cameras near the site of the crash — but it's unknown if those are permanent or temporary. 

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