Driver charged with manslaughter for TRE train crash that killed 5-year-old

Driver charged in train crash that killed 5-year-old

Fort Worth police have filed manslaughter charges against the driver of a car following a deadly crash with a TRE train. A 5-year-old child died in that crash.

FORT WORTH, Texas - Fort Worth police have filed manslaughter charges against the driver of a car following a deadly crash with a TRE train. A 5-year-old child died in that crash.

In a statement to FOX 4 Thursday night, the father of the child says he doesn't believe his brother, who was driving at the time, should face charges.

Driver charged in fatal crash

Fabian Riojas

What's new:

A spokesman for the Fort Worth Police Department said 24-year-old Fabian Riojas is now charged with manslaughter for Wednesday afternoon’s crash that killed his 5-year-old passenger, Emilio Jacobi Martinez.

"The barricades were down on the train, around the train tracks. With that being said, to everyone’s knowledge, to the witnesses, the train was coming. This person decided he wanted to go past the barricade. In the midst of going past the barricades, the TRE struck the [car.] And then with there being a small child in the back, this was something that was preventable," said Tracy Carter, with Fort Worth PD. "If the young gentleman just would have just taken his time and just waited for the train to clear, which wouldn’t have been very long. It’s just a sad day."

Riojas has been confirmed to be the uncle of the child.

Riojas suffered only minor injuries.

Child's father wants charge dropped

What they're saying:

FOX 4 was able to contact the parents of Martinez. His father, Jon Martinez, said he doesn't agree with his brother's charge.

"As the father of the child and brother of the driver, no, I don’t think my brother should be charged (with) manslaughter. 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," Martinez said.

Father wants driver's charges dropped in train crash

FOX 4 was able to contact the parents of Martinez. His father, Jon Martinez, said he doesn't agree with his brother's charge.

Carter said this case was difficult for the officers who responded to the scene.

"One of the things I also want to put out there is we pray for the officers that responded to this because we’re all mothers. We’re dads. You know, we’re brothers. We’re sisters. And this is just something. You don’t want to see a 5-year-old perish the way this kid perished, right? And so again, we’re praying for everyone, all that were involved," he said.

He begged people to always stop for barricades that are down, even if there’s no train in sight.

"Please, please, you don’t go through. Let the train proceed, even if you don’t see the train. They’re down for a reason. And even if they’re malfunctioning, you lose 10 or 15 minutes to save your life or someone else’s life. I think that matters more," he said.

Karen Visage works near the tracks, and agreed to speak with FOX 4 on Thursday.

"That little 5-year-old just had to be just terrified when that train hit and hopefully, you know, he didn’t suffer," Visage said.

Visage said that the sound of the train she hears passing by every day now carries sad emotions.

"Well I… couldn’t believe that someone would go around the blinking light whether the arm was down or not," said Visage. "And I sure wouldn’t do it when I had a 5-year-old child in my car."