Investigators in Bellport where a 13-year-old male was struck and...

Investigators in Bellport where a 13-year-old male was struck and critically injured by a Montauk branch Long Island Rail Road train. (July 6, 2011) Credit: Stringer News

The 13-year-old Bellport boy hit by a Long Island Rail Road train last Wednesday remains in critical condition with head injuries at Stony Brook University Medical Center, an attorney retained by the family said.

Desmond Jones is hooked up to a breathing apparatus and is getting antibiotics intravenously, said Jason Kessler, the family's White Plains-based attorney.

"It's going to take a few weeks to determine whether he has permanent injuries or if he makes a full recovery," said Kessler, who also said Jones is in and out of consciousness.

Kessler said Jones, whose injuries are to the back of his head, initially was kept unconscious by doctors to help stabilize him. In recent days doctors have been encouraging the boy to try to stay conscious for longer periods as part of the recovery process.

"Doctors are hoping that with each passing day they can keep him conscious for longer periods of time," Kessler said. "That's a sign that there is recovery."

Jameelia Jones, 34, the boy's mother, referred all questions on her son's condition to Kessler. But she did say her hospitalized son is "going to be there for a while."

Kessler said the family has retained engineers to examine the site near the LIRR's Bellport station, off Montauk Highway near Station Road. Jones and another boy, 14, were throwing rocks at passing vehicles there at about 4:30 p.m., Suffolk County police said. Jones was returning to his home south of the tracks when he was struck, LIRR officials said.

The other youth was charged with criminal mischief in the rock throwing, police said.

Kessler said a preliminary review of the site indicates inadequate fencing, gates and warning signs. He said the family is considering a lawsuit against the Metropolitan Transportation Authority, the LIRR and several municipalities "which may be responsible for what has occurred."

LIRR spokesman Sal Arena said the rail service would not comment on any potential litigation. He did say the MTA and LIRR were investigating the incident.

"After the MTA police complete their investigation, our security and safety people will investigate and then determine if something needs to be done at the site," Arena said.

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