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5-Year-Old Killed After Driver Allegedly Tried to 'Beat' Oncoming Train; Family Says Driver Was His Uncle

A 5-year-old boy, identified by his family as Emilio Martinez, died on Nov. 19 in Tarrant County, Texas, when a Dodge Charger allegedly drove around a lowered crossing arm and was struck by a Trinity Railway Express commuter train. The driver, 24-year-old Fabian Riojas, was treated for minor injuries and charged with Manslaughter—Traffic Accident; bond was set at $50,000. The boy's family says Riojas was his uncle and asks that the crash be seen as a tragic mistake. Fort Worth police called the collision preventable and urged drivers to obey crossing signals.

11:17 PM, 11/22/2025Society
5-Year-Old Killed After Driver Allegedly Tried to 'Beat' Oncoming Train; Family Says Driver Was His Uncle

Summary: A 5-year-old boy was killed in Tarrant County, Texas, when the car he was riding in was struck by a Trinity Railway Express commuter train after the driver allegedly attempted to drive around a lowered crossing arm.

Fort Worth police responded just before 4 p.m. on Nov. 19 to a collision where a Dodge Charger was struck by a Trinity Railway Express (TRE) train. The child, identified by his family as Emilio Martinez, was pronounced dead at the scene. The driver, 24-year-old Fabian Riojas, suffered minor injuries and was treated at a hospital.

What happened

Initial police investigation indicates Riojas attempted to drive around a lowered crossing arm to clear the tracks before the train arrived. The vehicle was struck by the TRE, killing the young passenger. None of the 43 passengers aboard the commuter train were injured.

Legal status

Riojas was arrested and charged with Manslaughter—Traffic Accident on Nov. 19 and was booked into the Tarrant County Jail. His bond was set at $50,000, according to public arrest records.

Family statements

The boy's family has said Riojas was Emilio's uncle and was driving the child home at the time of the crash. Emilio's father, Jon Martinez, described the crash as a terrible mistake and asked that his brother not be prosecuted. He said,

“Basically, [he] was trying to beat the train. And unfortunately, the train won.”
“As the father of the child and brother of the driver, no, I don’t think my brother should be charged. 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.”

Police perspective and safety reminder

Fort Worth police described the collision as preventable. FWPD Strategic Community Relations Officer Tracy Carter urged motorists to respect crossing arms and wait, noting barriers are down for a reason and that a train may not always be visible until it is very close.

“I guess the driver assumed that he could get past the barricades, and then was struck by the train. 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.”

The investigation remains active. Authorities have not provided a formal public statement confirming the family relationship between the driver and the child, but the family has reported that they were related. No additional injuries were reported aboard the train.

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