Family of toddler run over by daycare van demand justice - CBS46 News

Family of toddler run over by daycare van demand justice

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Brandy Buffington Brandy Buffington

Randy Buffington and Shantekia Jackson are both angry and sad. They said they can't believe their daughter Brandy Buffington is gone and they can't understand why no one has been charged with her death.

"Since this incident happened, I have not been able to sleep at night. I am always crying and my heart just feels so heavy," said Jackson.

Brandy Buffington was run over by a daycare van last month. The 2-year-old was playing outside with friends at the time. The driver told police the toddler ran in back of the van while it was backing up. But attorney's representing the girl's family said their investigation shows that is not what happened.

"Our investigation demonstrates that Brandy was standing with a group of children in front of their apartment when the van pulled forward running over her and then pulled over to the right," said Christopher Chestnut, an attorney representing the victim's family. "Witnesses said the van was not backing up and that Brandy was in front of the van when she was hit."

Late this Tuesday afternoon a spokesperson for the Atlanta Police Department said the investigation into what happened is not completed, but detectives don't anticipate filing charges against the driver.

"It seems like we are going to be forced to file a lawsuit because if there are inconsistent facts already that is the only way we are going to get the truth," said Chestnut.

"If the city is not going to charge her with what she is really supposed to be charged with, the driver needs to just come out and state the truth about what really happened," said Randy Buffington.

"I cry at night because all I want to do is hold my baby and I can't hold my baby," said Jackson.

Chestnut said he plans to file a lawsuit on behalf of the victim's family against the driver of the van and her employer.

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