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'He shouldn't have been on it at all': Family of victim in fatal forklift accident waits for day in court

Demonte Fisher's family said he died from a work-related forklift accident. They're now seeking more than a $1 million for his death from his former employer.

SAN ANTONIO — The unhappy series of firsts keep coming to the door of Demonte Fisher's family. Since his death on July 4, they've endured his first birthday without him. Then Thanksgiving. They made it through Christmas and, now, New Years.

"It's been a rough patch," his father said.

Lloyd Fisher described Christmas as different this year. Their tree was decorated with red and black plaid ribbons in honor of his son. Fisher said they were Demonte's favorite colors. 

"I miss him," he said. "I miss him a lot."

For the first time, they had no present under the tree with his name on it. Demonte was a lover of fried turkey, green bean casserole and cornbread dressing. The Fishers went with enchiladas this year.

"I'm just waiting for him to come back," the father said. "But knowing he's not going to come back."

Demonte worked at True Blue Granite when he was killed. According to the San Antonio Fire Department, the 22-year-old somehow got pinned under a forklift he was on while at work.

KENS 5 listened to portions of the 911 made by a co-worker named Elijah who fire officials said used a piece of machinery to free Demonte on July 4. The following are transcriptions of those calls. 

911: San Antonio Fire and EMS. How can I help you?

Elijah: I need 3626 Binz-Englemen Rd. Emergency! Dude fell off a forklift. And it fell on him!  Can you please get here quick! I don't know if he's breathing.

SAFD said the emergency call came in shortly after midnight.

Elijah: Can you please hurry?

911: How far did he fall? We've already got units on the way there.

Elijah: I'm going to get my manager now.

911: Well stay with him. We need you to stay with him. What's the name opf the business there?

Elijah: It's True Blue Granite.

True Blue Granite makes surfaces for countertops and floors in residential and commercial spaces.

During the call, Elijah indicates they have no radio communication with anyone else. But his mind remains on the condition of his injured coworker.

Elijah: He's not responsive. Can y'all get here quick? I don't know if he's alive.

911: Sir, they're on the way there.

Fisher said his son was not certified to be on a forklift.

"Not at all. He shouldn't have been on it at all," he said.

The family filed a lawsuit against True Blue Granite, questioning the company's safety standards. They believe lack of training snowballed into Demonte's death.

"I seen him coming out of the ambulance with the apparatus to keep his heart pumping," Fisher said. "And it was like Jell-O."

He said he remembers going into the hospital, trying to remain strong. But even a father's strength couldn't pull against the transition his son made.

"Sometimes I tell myself I wish I could have yelled while they was trying to keep him alive or whatever—to fight!" he said. 

Fisher said True Blue Granite offered to pay for his son's funeral expenses. According to the family, the offer came two days after Demonte's burial.

True Blue Granite did not respond to KENS 5's request for comment on this incident.

In the meantime, Fisher said it's the first time his son wasn't in their holiday pictures. It'll also be the first time in 23 years he hasn't been able to see all of his children at the beginning of the new year.

The family is scheduled for a court apperance in early January as they await the results of an OSHA investigation into the issue. Fisher said he just wants to be able to weep like he wants to, but can't because of the mission in his hands.

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