Family of boy hit and killed by East Cleveland truck wants vehicle examined

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CLEVELAND- A lawsuit over the death of a child hit by an East Cleveland city vehicle was argued in Cuyahoga County Common Pleas Court Thursday.

At issue is the city truck that struck and killed 9-year-old Devion Lesure at the corner of Hayden Avenue and Second Avenue in April. The family is suing the city as well as the truck driver, Eddie Wilson, 71, for negligence and recklessness.

More stories on Devion Lesure's death here

Attorneys representing the victim's family asked to have the truck removed from the city's service department garage, where the truck is not completely covered.

"The chief concern here is that the evidence will be altered.  And there are certain protections that municipality could have taken, but they didn't in this case," said David Malik, family attorney.

Meantime, the city said they are just following a court order.

"I have a copy of the journal entry.  It says do not move the truck.  We did not intend to tamper with any evidence.  We were told not to move the truck and that's why the truck is still sitting there," said Willa Hemmons, East Cleveland's law director.

The Ohio State Highway Patrol report showed the truck was in disrepair. It had tires that were bald or with almost no tread, no turn signals, a cracked windshield and more.

Also, because of a clerical issue, Wilson was driving on a suspended license at the time of the accident.

"My daughter is going through it. I'm going through it. Something has to be done," said Tracy Lesure, the victim's grandmother.

Attorneys for the Lesure family said they hope to have the city truck towed and looked at within the next two weeks.