A crosswalk on Shepherd Avenue in Northeast Fresno is at the center of the lawsuit against the City of Fresno and former Central High basketball coach Loren LeBeau.
A teddy bear perched on a child's bike sits as a sentry over the makeshift memorial for Donovan Maldonado.
This is where Donovan suffered injuries that ended his life.
“I think the crossing is dangerous. It should have been taken out before this accident and that's one of the motivation is filing this lawsuit, the family wants this crosswalk taken out,” said Warren Paboojian, who represents Donovan’s parents and two sisters.
Four months ago, the Maldonado family was in the crosswalk.
Donovan was on his bike.
Investigators say the boy was hit by a car driven by LeBeau.
Donovan's father, Jesse, and sister, Bella, were also critically injured.
LeBeau was arrested for allegedly driving under the influence.
“Jesse is physically not able to walk because of the injuries to his leg. The family is struggling emotionally but they are getting thru it daily,” Paboojian said.
Paboojian points to another lawsuit filed against the city in 2001 by the developer of River Park. That lawsuit contended the crosswalk was not consistent with public welfare and safety.
The developer lost.
But Paboojian says it shows there were concerns ten years ago about the spot.
LeBeau's attorney, Jeff Hammerschmidt, released a statement on the lawsuit which reads:
"Mr. LeBeau accepted responsibility by admitting to police that he was the involved driver and by cooperating completely with the Fresno Police Department during their accident and DUI investigation. The City of Fresno needs to accept its portion of the responsibility for the accident, which should include closing the crosswalk or making it substantially safer."
The Maldonados' attorney wants to hear from anyone who's been in an accident or had a near-miss at that crosswalk on Shepherd near Millbrook.
