A 5-year-old boy died after a driver allegedly attempted to “beat” an incoming train with his car in Texas.
A spokeswoman for the Fort Worth Police Department (FWPD) told PEOPLE that authorities responded to a complaint in Tarrant County soon before 4 p.m. local time on Wednesday, November 19. When they arrived at the site, they discovered a Dodge Charger had been hit by a Trinity Railway Express (TRE) commuter train.
According to police, the driver, 24-year-old Fabian Riojas, was in the car with 5-year-old Emilio Martinez when he allegedly attempted to drive around a barricade and cross the tracks before the train came. The automobile was eventually hit by a train.
Emilio was pronounced dead on the scene, while Riojas was transported to the hospital with minor injuries. The FWPD said that none of the 43 passengers aboard the train were wounded. Police haven’t said whether Riojas and the youngster were linked.
Riojas was charged with Manslaughter-Traffic Accident on November 19 and brought to the Tarrant County Jail, according to FWPD public arrest records. His bond was set at $50,000.
According to NBC 5 and Fox 4, the young victim’s family claimed that Riojas was his uncle and was transporting him home at the time of the event.
“Basically, [he] was trying to beat the train,” Emilio’s father, Jon Martinez, claimed in a statement to NBC 5. “And unfortunately, the train won.”
In an additional statement to Fox 4, Jon stated that he did not believe his brother should have been charged with the alleged offense.
“As the father of the child and brother of the driver, no, I don’t think my brother should be charged [with] manslaughter,” Martinez replied to the news organization. “He made a stupid mistake and, despite the outcome, I know in my heart my son loved his uncle and if his uncle had a chance I’m more (than) certain he would have given his life for his nephew,” according to him.
In a statement to CBS News, FWPD Strategic Community Relations Officer Tracy Carter described the incident as “preventable.”
“I guess the [driver] assumed that he could get past the barricades, and then was struck by the train,” Carter informed the crowd. “The train may not be seen, but those arms are lowered for a reason. They might be faulty, or a train could be on its way. It could be a variety of things, but we simply ask that if those arms are down, take a little additional time to wait and let that train pass.”
Don’t be in a hurry… Take a few extra minutes, and you’ll arrive safely, allowing us to continue enjoying our families,” he said.
