Relatives of a 5-year-old boy killed when the car he was riding in was struck by a Trinity Railway Express train are asking prosecutors to drop a manslaughter charge against the driver, the child’s uncle.
Fort Worth police say 24-year-old Fabian Riojas drove his Dodge Charger around lowered crossing arms on Wednesday afternoon on Elliot Reeder Road in Haltom City. Moments later, a TRE commuter train slammed into the vehicle.
Five-year-old Emilio Martinez was pronounced dead at the scene. Riojas was hospitalized with injuries.
On Thursday, Riojas was booked into the Fort Worth Jail on a charge of manslaughter-traffic accident.
The boy’s father, Jon Martinez, told NBC 5 that his brother never meant to harm Emilio and would have traded places with him if he could.
“I know if he’d had a chance, he would have given his life for him,” Martinez said. “The last thing I want is people to think that my brother’s a monster, because I can assure you that my brother loved him more than anything. And if I can forgive him, I hope everyone else can too.”
Martinez described his son as a joyful child who had been close to his uncle since birth.
“Words can’t explain how much I miss him,” he said, NBC 5 reported. “This is really sudden. I was at work when this was told to me.”
Family members said Riojas was giving Emilio a ride home when he tried to beat the train.
“Basically, it was trying to beat the train,” Martinez said. “And unfortunately, the train won.”
Fort Worth police confirmed the crossing barriers and warning signals were activated when Riojas went around them.
Prosecutors have not indicated whether they will reconsider the charge. The investigation remains ongoing.