Family Seeks Jury Trial in Lawsuit Over Delayed Treatment of Buffalo Shooting Victim

Relatives of 19-year-old argue emergency responders waited too long to transport him to hospital after drive-by shooting

BUFFALO, N.Y. — The family of a Buffalo teenager killed in a 2023 drive-by shooting is asking a court to revive a wrongful death lawsuit that alleges emergency responders delayed transporting him to a hospital, costing him a chance to survive.

An Erie County judge is considering whether the lawsuit filed by the family of Columbus Brooks should proceed to a jury trial after previously dismissing the case through summary judgment.

The lawsuit, brought by Brooks’ sister, Athena Cyrus, alleges that emergency personnel failed to provide timely medical care after the 19-year-old was shot at Perkins Park on July 5, 2023.

According to court filings, Buffalo Fire Department personnel and an ambulance operated by LaSalle Ambulance Inc., doing business as AMR, arrived within minutes of receiving a 911 call reporting the shooting.

The family contends, however, that Brooks was not transported to Erie County Medical Center until roughly 30 minutes later despite the hospital being only a short drive from the scene.

Family argues responders violated trauma protocols

Attorney Mark Overall, who represents Brooks’ family, argued that emergency responders should have prioritized rapid transport rather than prolonged treatment at the scene.

“The policy, both for AMR and Erie County, is load and go,” Overall told reporters after the hearing. “You see a gunshot victim, put him in the ambulance, get him to the hospital.”

The lawsuit alleges responders treated Brooks as a cardiac arrest patient rather than following trauma protocols designed to move gunshot victims quickly to definitive medical care.

According to the complaint, many of the interventions performed at the scene could have been conducted while en route to the hospital.

City disputes claims

Attorneys representing the City of Buffalo have argued that the case should not proceed to trial.

The city relied in part on an affidavit from a trauma surgeon who reviewed medical records and concluded Brooks likely had already died at the scene from his injuries.

Overall challenged that opinion during court proceedings, arguing the expert's conclusions were based solely on records rather than firsthand observations and should not be dispositive in determining whether the case reaches a jury.

Defense attorneys also argued that emergency responders did not create a legal “special duty” toward Brooks that would expose the city to liability.

The hearing arose after the family asked the court to reconsider its earlier decision dismissing the lawsuit.

Case carries broader implications

For Brooks’ family, the litigation is about more than determining legal liability.

Outside the courthouse, Cyrus described the nearly three years since her brother’s death as a period marked by grief and lingering questions about whether more could have been done.

“Thirty minutes is a long time for any injury, but specifically it's a long time to be shot and laying on the ground,” she said.

The lawsuit alleges negligence by both the City of Buffalo and AMR and contends Brooks may have survived if he had received faster transport to the hospital.

Brooks’ family remembers him as a community-minded teenager who loved basketball and frequently helped others.

At the conclusion of the hearing, the judge said she would review the parties’ arguments and issue a written decision later. If the motion is granted, the case could return to the trial calendar and eventually be decided by a jury.

For the family and their attorneys, the lawsuit has become a test of how emergency responders handle critically injured victims — and whether delays in those moments can carry legal consequences.