Arrests made in MLK Park assault that put teen in ICU, 1 more suspect at-large

You can view a full update from city officials in the media player below.

BUFFALO, N.Y. (WIVB) — Two arrests have been made and a 15-year-old East Community High School student is in the ICU at Oishei Children’s Hospital after he was punched, kicked and stomped on by multiple students until he was unconscious on Tuesday in Martin Luther King Jr. Park.

On Wednesday, a 16-year-old Buffalo male was arrested and charged with one count of first-degree gang assault. The second arrest was made Friday after the 17-year-old suspect turned himself in. Buffalo Police Commissioner Joseph Gramaglia said that there is one more at-large suspect, another 17-year-old male.

Both families are cooperating.

The 16-year-old was arraigned and is currently being held without bail. He is scheduled to return to court Nov. 4.

“I think we’re all keenly aware that there are trouble juveniles out there,” Gramaglia said. “And we know that there are parents that try and have to rely on the legal system at times and just cannot control their children … we also know we have parents who are not engaged and are not very helpful. I’m not saying that in this case.”

Amy Neal, the mother of Xavier Sears, the teenager who is currently hospitalized, said her son has been in and out of consciousness after being attacked, suffering severe injuries that will likely affect him for the rest of his life.

“I haven’t been asleep since this happened. I really haven’t been asleep, I’ve just been crying, and it’s really messed up,” Neal said. “I’ve been trying to get justice for my son.”

“I’m appalled by everything that happened,” said April Finn, Xavier’s aunt. “Violence needs to stop.”

According to police, around 3 p.m. Tuesday, Xavier was assaulted by a group of people after school at Martin Luther King Jr. Park.

Xavier’s family said that students on hand have told them the attackers were several seniors from Pathways Academy at East. Gramaglia said Thursday that an incident happened during the school day that triggered the assault, but the incident was not violent.

“These are adults like come on now,” said Sean Neal, Xavier’s father. “These kids are ready to graduate from high school and you want to ruin your life over silliness and just being petty over something as silly as a song like, come on, man.”

The family said the attack was over a music video and a cellphone.

“He was sitting on a picnic table, minding his business,” Sean said. “The kids just came around from all sides and they just jumped him.”

Xavier was kicked in the head, punched and stomped on. He suffered a broken clavicle and a head injury, which his parents said has caused him to have five seizures in under 24 hours.

“He still has bleeding in the brain right now, and he’s lost motion in the feet right now that he can’t really move up and down,” Amy said.

“He’s got bleeding on the left side and it’s affecting the motor skills on the right, so he doesn’t have all the motion and strength on the right side right now,” Sean said. “He’s able to move his left leg with a little bit of feeling he has left.”

April said Xavier may need brain surgery if the swelling doesn’t go down.

The police report said the alleged assailants ran off, according to his mother, who has a video of the attack. The assailants can be heard yelling, “Leave him for dead.”

Xavier’s girlfriend and friend ran to his aid, calling 911.

“At the end of the day, I don’t even know if I can tell them they’re going to be safe walking home from school now,” Sean said.

A Buffalo Public Schools spokesperson responded to the attack saying “senseless violence has no place in the community and that Superintendent Dr. [Tonja] Williams Knight will take the strongest actions possible against the perpetrators.”

In a statement, Buffalo Common Council Member Zeneta Everhart said she is “deeply saddened” by the attack and “unequivocally condemns this violence.”

“This is to the City of Buffalo, pray for all our children because we do not understand what could be going on through the minds of their peers nowadays,” Sean said. “For them to be out here just harming each other without even a second thought or even trying to make sure they’re okay and walking away and laughing at situations like this, it’s not right. As parents, we have to do better. We need to come together and we need to learn how to be one when it comes to stuff like this.”

A GoFundMe has been set up to support Xavier’s medical costs.

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Patrick Ryan is an award-winning reporter who has been part of the News 4 team since 2020. See more of his work here and follow him on Twitter.

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