Flames ripped through a Water Street Home back in September, and two of the McKinnon's three sons did not get out. 13 year old Brody did. The family is rebuilding.

"We are going to build our home. We are going to be happy. We are going to be a family, keep their memory going forever," said father Mike McKinnon.

Their two sons, 3 year old Clayton and 10 year old Dawson died in the fire. Investigators ruled it accidental, saying it may have started by candles on the porch. Three months later, the a claim has been filed against the Village of Fredonia, and both the fire and police departments by the McKinnon's attorney, Paul William Beltz. The claim is necessary in order to file a lawsuit. The claim states that the McKinnons were in a second story window, yelling to police to help them. The claim goes on to stay that the officers told the claimants to do nothing, but wait for the fire department to arrive. The claim then states the claimants relied on those directions, and did not drop their youngest two boys from the window, and as a result, their boys died in the house before firefighters were on the scene.

"We are going to put up a defense to this that is going to be very aggressive. Police and Fire put their lives on the line everyday, every incident they go to every time they step out of their vehicles their are different factors and circumstances," said Fredonia Mayor Michael Sullivan.

The McKinnon family did not talk about the legalities of the case, but did speak about their children.

"They loved being on the property. They loved their brother Brody so much and we were just a happy family," added McKinnon.
© 2009 WKBW-TV

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