The family of a two-year-old Atlanta girl struck and killed by a daycare van in February is disputing how the child died.

Brandy Buffington’s parents, Shantekia Jackson and Randy Buffington, spoke Tuesday at a news briefing with the intent to “set the record straight,” said their attorney, Christopher Chestnut.

Chestnut said an investigator from his office has determined the van that struck Brandy was not backing up, but was pulling forward when the child was run over. These findings are inconsistent with what was previously reported, he said.

“The driver is trying to point a finger at a child who can no longer speak for herself,” Chestnut said.

Brandy was killed in southwest Atlanta on Feb. 18. Police investigators said at the time that the van dropped off children in the 700 block of University Avenue and was backing up when the driver struck Brandy. Brandy had not been a passenger on the van. “It appears that the child was playing outside and went behind the van when the accident occurred,” police spokesman John Chafee said in an emailed statement on the day of the incident.

During the briefing, Chestnut said his investigator interviewed a witness who said the van never backed up. He also said the van usually has two adults, a driver and a “spotter,” but that day there was only the driver.

“Brandy died a death that was preventable,” the attorney said.

Chafee told The Atlanta Journal-Constitution on Tuesday that no charges have been filed against the driver and the investigation into the incident continues.

At the news briefing Brandy’s father said he wants to see “justice” done for his daughter.

“The driver needs to state the truth of what happened,” he said.

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