Dakota Galusha was horsing around with a friend right before he fell under the rear wheels of a school bus and was killed.
The accident happened right in front of the 12-year old's school on January 26th. His mom had just dropped him off and Dakota was walking up to the front doors of Northampton Middle School with that 13-year old friend.
The little boy's death was initially ruled a homicide. The District Attorney, John Morganelli said from the beginning that it didn't necessarily mean a crime took place.
Today, after investigating and meeting with State Police who were on the scene that day, Morganelli said the death would no longer be ruled a homicide and that there would be no action taken against the 13-year old friend because it wasn't warranted.
Last week, First Deputy Coroner Paul Hoffman said the interaction between Dakota and another student caused the boy's death. He would not be more specific but said that if Dakota had simply slipped by himself, his death would have been ruled an accident.
"There was an incident. I don't know what you want to term that, whether it was horseplay or fooling around," he said.
A spokesman for Dakota's parents, Kendall and Dina Galusha, said the family believes his death was accidental and did not wish to press charges.
Dakota played baseball, football and basketball and also liked to snowboard. He was a staunch New York Giants fan.
"He was fun; he talked a lot," 13-year-old Giovanna Dematteo, whose father was Dakota's football coach, told The Morning Call of Allentown.
