Updated: September 27, 2019 03:34 PM
Created: September 27, 2019 01:46 PM
ROCHESTER, N.Y. (WHEC) — Friday, the family of 3-year-old Bryce Raynor filed the first paperwork of a lawsuit against the City of Rochester and Monroe County. It's called a Notice of Claim.
The attorney for Raynor's family confirmed the filing to News10NBC chief investigative reporter Berkeley Brean.
News10NBC is reaching out to the city and county for their comment. The standard response from both governments is that they don't comment when they're getting sued or facing a lawsuit.
On July 15, Rochester Police say Bryce Raynor was with his mother while she worked her shift at the Tim Hortons on University Avenue at Culver Road in the city. At one point, police say Bryce fell into a grease trap located behind the store.
According to police reports, RPD said the lid to the trap was not locked. What's more, the lid that was there at the time of Raynor's death is designed to be used on a septic system.
The police reports say officers watched video from a nearby security camera. The report says the video shows Raynor "walking back towards his mother" who was throwing out garbage behind the restaurant.
"The green cover of the grease trap... is seen flipping open as (Raynor) walks past it or over it," the report says.
After Raynor falls in, the report says the video shows "the lid appears to fall back into place."
The report then says Raynor's mother turns around "4 seconds" after he fell in.
"The grease trap wasn't the first place they looked for him because it didn't appear to be out of place," Robb Monaghan told us when we obtained the police reports in late August.
Monaghan says that's exactly what happened to two other children who died in grease traps in this country, include a little girl named Sadie Andrews in Alabama.
The RPD reports say the video shows Raynor followed his mother out behind the restaurant at 10:49:14 am. In the video at 10:49:28, he is seen walking back towards his mother. The reports say Raynor fell into the trap at 10:49:29, approximately 20 seconds after he and his mother walked outside.
The reports say Raynor's body wasn't pulled from the grease trap until 10:58:22.
"The plastic lid popped right back into place. It's unbelievable to me that this can happen one time," Robb Monaghan told us in August. "It is absolutely unfathomable to hear it's happening around the country and killing three-year-old kids."
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