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Family of Bonaire child killed by construction equipment demands 'her death not be in vain,' seeks legal action

Harper Thomas was killed by a piece of construction equipment in the Riverbend North subdivision. Her family says they hope their loss can help prevent another.

BONAIRE, Ga. — Nearly eight months ago, a Bonaire family experienced the tragic loss of their daughter.

Harper Thomas was killed by a piece of construction equipment in the Riverbend North subdivision on Dec. 11, 2023.

The 9-year-old was a fourth-grader at Bonaire Elementary School.

"She loved life, she enjoyed horseback riding, she was getting into Girl Scouts, dancing, gymnastics -- she just loved people," her mother Melissa Styons said.

Her favorite colors were "anything Stitch, like Lilo and Stitch," and her favorite food was  "anything meat," Styons said.

Harper wasn't born alone. Her big brother Greyson is older than her by two minutes.

"They were best friends," Styons recalls. "Very close."

So close, Styons explained, that Harper followed her big brother around in admiration.

"She wanted his attention, so constantly she'd be talking to him all day," Styons said.

Constantly around her brother, when she followed him out of their backyard in December.

Their neighborhood is still under development; signs around the community advertise completed "Phase One" homes.

Like every day after school, Styons said, the twins finished homework and went outside to play.

According to the investigation report from the Houston County Sheriff's Office and Styons, the twins climbed over their fence into the construction zone directly behind their home where a motor grader sat.

"Unfortunately, there was a key left in one of the pieces of equipment and that's how all of this happened," Styons said.

The investigation report said two children witnessed the accident: Harper's twin and another boy.

It continues to explain one of the boys, who was a friend of the twins, operated the motor grader.

Contractors were using it to pave roads in the Riverbend North neighborhood, but left it unattended at the end of the work day.

The Houston County Sheriff's Office report said the key was not left in the ignition. Instead, it was inside a box in the cab of the motor grader-- where the kids found it.

The report said the owner of the equipment told investigators leaving the keys behind was their normal practice after work.

But Styons, Aunt Kristen Corey-Erkkila and the family's lawyer, Justin Miller, don't accept that.

"If that hadn't been there, she would still be here with us," Styons said as she wiped tears away.

It goes on to say another witness told investigators the boy had started construction equipment in the neighborhood before.

The report says Harper was hanging onto the ladder of the vehicle when it started moving, but then fell.

Styons said when the key was found, and put into the ignition, the 23,000 pound grader was put into reverse.

When Harper fell, her skull was crushed. 

Styons said she remembers hearing Greyson scream, so she started driving around the neighborhood to look for him.

A neighbor arrived at the scene before Styons, saw Harper, and kept Styons away from seeing Harper in the horrific state she was in.

When Styons found her son, he was at the end of the street sobbing, clearly traumatized.

She said the grader was also still running, even though whoever was driving it wasn't in the vehicle by the time she arrived.

"The things we did not realize is there's no laws or regulations that you don't have to keep a key out of an 18-ton piece of heavy equipment that's essentially in your backyard," Corey-Erkkila said.

"When something is preventable and avoidable, then you stop it if you can," Miller said. "This is a situation where it can be stopped."

Flowers and crosses lay at the site where Harper died.

Styons said she walks to it every day and visits her daughter's grave every week.

Harper's buried next to her grandfather, Styons' father, in a Macon cemetery.

The twins' birthday is July 28. Styons said they celebrated Greyson turning 10 in addition to honoring Harper through a balloon release.

"Even some of her friends from her prior school have gone out to her grave, put flowers out there, taken pictures, sent it to us, just to let us know they're always thinking about her," Styons said.

In Harper's honor, her school has a bench sitting in the playground she once enjoyed. Styons says she spearheaded the donation. It's where classmates and future students can take a quiet moment and remember her.

"She was loved by many," Styons said. "But, it's still a struggle."

Harper's family said that since their neighborhood sits right next to Bonaire Primary, they're allowed to visit the playground after 6:00 in the evening.

They said they hope their neighborhood develops a playground in their subdivision so kids have a safe and accessible area they are allowed to play in, rather than let curiosity get the best of them as they venture into dangerous construction zones.

Harper's family and lawyer said they plan to take legal action against the companies developing the neighborhood, including the owner of the motor grader.

In March, the Houston County District Attorney's Office told investigators "no criminal actions will be pursued" in this case.

13WMAZ reached out to the contractors and to the DA's office for a comment, but they did not respond.

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