Methuen partially at fault in boy's death
City issues report on gate accident
The family of an 11-year-old Methuen boy who was killed in September when a gate at the Tenney Grammar School fell on him, expressed relief yesterday at a report released by the city Monday that found that the city bears some responsibility for his death, said a lawyer for the family.
The 1,600-pound gate that crushed Timothy DiLeo had been left off its hinges, leaning against a brick wall at the school for at least four years, according to a copy of the report obtained by the Globe.
"There's an acknowledgment that the gate should not have been there and there was a mistake on the part of someone in the city to leave it there for so long," said Robert Gilbert, an Andover lawyer who represents the DiLeos. "That's an important step forward for the family."
He said that two of Timothy DiLeo's brothers, who witnessed his death, feel devastated.
Timothy DiLeo was killed Sept. 3, when he, his two brothers, and a friend were playing on school grounds. The gate toppled, pinning him and his 8-year-old brother, Andrew. According to the police report, 13-year-old Steven DiLeo and Brandon LaPorte, 14, said they had climbed the gate to sit atop the brick wall and play with their Pokemon cards when they felt the gate give.
Councilor Peter McQuillan, who conducted the investigation for the city, said that because of the gate's weight, it was more likely the boys "began pushing and rocking the gate with their feet until, unexpected and tragically, it gave way, landing on the victims below," McQuillan wrote.
According to the report, the city may have violated the child trespassing statute, which holds landowners responsible for any "artificial condition" that may injure children in an area where they are likely to trespass, by leaving the gate on the property and could face a negligence charge.
"The fact that the gate was allowed to remain in such a manner for such an extended period of time is inexplicable," McQuillan wrote.
Gilbert said the report did not answer all of the family's questions about how their son was killed.
"There's a lot that the town was not able to determine yet, and those questions are ones that we will continue to be asking," he said. "I think this report goes a long way toward establishing that this gate should never have been there and it was someone else's mistake."
Mayor William Manzi III would not comment on the findings of the report, but said the city had provided a copy to the family. "We stand prepared to work with them to answer any questions they might have," Manzi said. 