The parents of two of those killed, meanwhile, have filed a lawsuit against automaker Kia, claiming their children would be alive if its cars were harder to steal.
A total of six teens were in the Kia Sportage when it crashed on state Route 33 on Oct. 24, Buffalo police said. The car had been reported stolen the previous night.
Flynn told reporters the teen was charged as an adolescent but he would argue to keep the case in adult court at a hearing next week. A federal lawsuit filed last week on behalf of the mothers of 15-year-old Kevn Payne Jr. and 17-year-old Swazine Swindle, who died in the Buffalo crash, seeks unspecified damages while accusing Kia Corp. and Kia America Inc. of negligence and creating a public nuisance. It alleges that Kia failed to include an anti-theft device on certain vehicles and did not recall the cars or warn the public when the issue became evident.
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