Mothers of 2 children killed by Amtrak train in Chester file lawsuit, speak out for the first time

The mothers of the two children who were hit and killed by an Amtrak train in Chester, Pa. on April 29 have filed a lawsuit against the transportation company.

The families and their attorney Emeka Igwe spoke on Wednesday at 1 p.m. near the scene of the incident, 620 Engle Street.

The lawsuit alleges that the children, 12-year-old Ah’Yir Womack and 9-year-old Jahaad Atkinson, were only able to gain access to the tracks through a large hole in the fencing surrounding the tracks, according to an image the mothers' attorney said she has.

“I felt like I talked to him about a lot of things. But I missed the train. I missed the train," said Siana Gordon, Jahaad Atkinson's mother.

The 17-page complaint, filed on July 27, states that Amtrak is responsible for building, repairing and maintaining said fencing and that it was common practice for children to walk through the hole to gain access to the nearby playground at Memorial Park.

The complaint is below:

“The kids were able to go through this fence because Amtrak failed to maintain fences as they do throughout inner cities all across America," Igwe said.

The attorney also said that Amtrak has since fixed the hole in the fence.

On Saturday, April 29, Womack and Atkinson were among a group of children who walked through the hole in the fence onto the tracks, witnesses told us in April.

"Amtrak knew that this could be a danger, hence the fact that they erected a fence in the first place. They actually don’t have a duty to erect a fence. But if they erect a fence, they have a duty to maintain it and that didn’t happen in this case," Igwe said.

We reached out to Amtrak after obtaining a copy of the lawsuit. A spokesperson told us they can't comment on pending litigation.

NBC10's Brian Sheehan asked Igwe, "There will be people who will be watching this, saying: kids should know not to walk on train tracks regardless of the situation. What would you say to them?”

"I would say to them that in Pennsylvania, children up until the age of 14 are presumed not to be able to have negligence. That there’s a rebuttable presumption that children are not capable of negligence," Igwe said.

In April, Amtrak released a statement confirming that one of their trains came in contact with multiple people "trespassing on Amtrak-owned tracks."

"These incidents can affect everyone involved—those who are injured or die and their families, our train crews, and our passengers. They also serve as critical reminders about the importance of obeying the law and of exercising extreme caution around railroad tracks and crossings," Amtrak also said in its statement in April.

A candlelight vigil was held for the two young lives lost on Friday, May 5 at Memorial Park in Chester, Pa.