HAMBURG, N.Y. — Family, friends, and classmates continue to mourn the death of 8-year-old Thomas Ross who died on Saturday, June 8 in a tragic crash on Route 5 in Hamburg.
The 2nd grader was sitting in the back seat of his mother's car when according to Hamburg Police they were rammed from behind while stopped to make a left turn onto North Creek Road around 8:10 p.m.
"It was a horrific collision," said Hamburg Police Captain Todd Ehret.
When officers arrived at the scene, Ehret said they knew the situation was bad. The rear of the vehicle had been crumpled and the driver that struck them had run off.
Thomas better known as "Tommy" died at the scene and a four-year-old passenger was taken to the hospital.
The alleged driver was eventually tracked down and arrested by Hamburg Police after being found in a nearby backyard.
Police identified the suspect as 52-year-old Markus Genovese of Angola on Sunday and charged him with DWI; DWI by the combination of alcohol and narcotics; two counts of vehicular manslaughter; felony aggravated unlicensed operation of a motor vehicle, and leaving the scene of a fatal auto accident.
He was also cited for several vehicle and traffic law violations.
"The manslaughter charges are serious, the leaving the scene of a fatal injury accident is a serious charge and is also a felony," Captain Ehret said.
2 On Your Side learned Monday this wasn't the first time Genovese has had a run-in with the law. According to the New York State DMV, he had 10 unresolved suspensions of his license, and it was revoked.
"This is a tragic situation but from what we've seen the support has been tremendous. It really helps the family and I hope that fact that we take these very seriously and we do our best to make sure this is a very thorough investigation," said Captain Ehret.
On Monday, Tommy Ross should have returned to his 2nd-grade classroom at Blasdell Elementary School but instead, the Frontier School District had called in counselors to offer whatever support they could.
"We immediately put our crisis impact teams into play," said Frontier Superintendent Christopher Swiatek.
Swiatek told 2 On Your Side that Tommy's death has left a hole in their school community and acknowledged the challenge of discussing such a loss with 2nd graders.
He said those conversations often start with a hug and a soft voice and he commended Tommy's teacher and classmates for taking it upon themselves to remember their friend.
"The children throughout the day have been leaving sticky notes on his desk and leaving very kind messages as they help cope with this," Swiatek said.
2 On Your Side has been in touch with various members of Tommy's family and they've asked to mourn in private.
Tommy's mother, Heather Van Elk has posted a public message on her Facebook however that reads in part: "His favorite color was orange. He loved to sing and dance. He was a fierce protector. Truth teller. Playful, smart, and funny boy. He loved to create and wanted to be an artist one day. He loved his life, and those in it. To know him was to love him."
A GoFundMe account has been set up to help the family with medical and funeral expenses. If you wish to donate, you can do that here: https://www.gofundme.com/f/support-heathers-family-through-tragic-loss