A 5-year-old boy died in Tarrant County, Texas, after a car was struck by a commuter train when the driver allegedly tried to cross the tracks before the train arrived.
Fort Worth police said officers responded to the crash shortly before 4 p.m. local time on Wednesday, Nov. 19. At the scene, they found a Dodge Charger that had been hit by a Trinity Railway Express (TRE) train.
Investigators believe the driver, 24-year-old Fabian Riojas, was traveling with the child, Emilio Martinez, when he allegedly drove around a lowered barricade in an attempt to cross ahead of the oncoming train. The vehicle was then struck.
Emilio was pronounced dead at the scene. Riojas was taken to a hospital with minor injuries. Police said none of the 43 passengers on the train were hurt. Authorities have not confirmed the relationship between Riojas and the boy, though the child’s family told NBC 5 and Fox 4 that Riojas was Emilio’s uncle and was driving him home at the time.
“Basically, [he] was trying to beat the train,” Emilio’s father, Jon Martinez, told NBC 5. “And unfortunately, the train won.”
Riojas was charged with Manslaughter–Traffic Accident on Nov. 19 and booked into the Tarrant County Jail, according to public arrest records. His bond was set at $50,000.
In a separate interview with Fox 4, Jon Martinez said he didn’t believe his brother should face manslaughter charges.
“As the father of the child and brother of the driver, no, I don’t think my brother should be charged [with] manslaughter,” he said. “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.”
Fort Worth police spokesperson Tracy Carter called the crash “preventable” in comments to CBS News.
“I guess the driver assumed that he could get past the barricades, and then was struck by the train,” Carter said. “The train may not be visible, but those arms are down for a reason.”
:max_bytes(150000):strip_icc():focal(508x0:510x2):format(webp)/Fabian-Riojas-112125-1de884126b444b75a848f078ff644b8c.jpg)
He added that even if drivers suspect a malfunction, they should still stop and wait: “It could be a train actually coming. It could be a multitude of things, but we just ask, if those arms are down, just take a little bit of extra time, and just wait, and let that train pass.”
“Don’t be in such a hurry,” he said. “Take a few extra minutes, you’ll get towards your destination safely, and we can carry on and enjoy our families.”
