Boy, 5, Dies After Driver Allegedly Tried to 'Beat' an Oncoming Train, His Family Says Driver Was His Uncle By Toria Sheffield

A 5-year-old boy is dead after a driver allegedly attempted to “beat” an oncoming train with his car in Texas.

Authorities responded to a call in Tarrant County shortly before 4 p.m. local time on Wednesday, Nov. 19, according to a spokesperson for the Fort Worth Police Department (FWPD) in a statement to PEOPLE. Upon arriving at the scene, they found that a Dodge Charger had been hit by a Trinity Railway Express (TRE) commuter train.

Police said an initial investigation indicates that the driver, 24-year-old Fabian Riojas, was in the car with 5-year-old Emilio Martinez when Riojas allegedly attempted to drive around a barricade in order to cross the tracks before the train arrived. The car was ultimately hit by the train. 

Emilio was pronounced dead at the scene, and Riojas was taken to a hospital with minor injuries. None of the 43 passengers on the train were injured, per the FWPD. Police have not stated whether Riojas and the child were related.

Riojas was charged with Manslaughter-Traffic Accident on Nov. 19 and transported to the Tarrant County Jail, per FWPD public arrest records. His bond was set for $50,000.

The family of the young victim claims that Riojas was the child’s uncle, and that he was driving the boy home at the time of the incident, per NBC 5 and Fox 4.

“Basically, [he] was trying to beat the train,” Emilio’s father, Jon Martinez, alleged in a statement to NBC 5. “And unfortunately, the train won.”

Want to keep up with the latest crime coverage? Sign up for PEOPLE’s free True Crime newsletter for breaking crime news, ongoing trial coverage and details of intriguing unsolved cases.         

In an additional statement to Fox 4, Jon said that he did not believe his brother should have been charged for the alleged crime.

“As the father of the child and brother of the driver, no, I don’t think my brother should be charged [with] manslaughter,” Martinez told the outlet. “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,” he said.

In a statement to CBS News, FWPD Strategic Community Relations Officer Tracy Carter called the incident “preventable.”

“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. They may be — could be malfunctioning — 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 … Take a few extra minutes, you’ll get towards your destination safely, and we can carry on and enjoy our families,” he added.