Driver arrested after 5-year-old dies in crash with TRE train: Fort Worth police
Fort Worth police have arrested a man they say drove around an activated train barricade and caused a crash that killed his 5-year-old nephew on Wednesday.
Fabian Riojas, 24, faces a charge of manslaughter in a traffic accident, according to online jail records.
Riojas was driving eastbound on Elliot Reeder Road in a Dodge Charger and is accused of ignoring railroad crossing barricades and warning signals, police said in a news release.
As Riojas tried to cross the railroad tracks about 3:45 p.m., an approaching Trinity Railway Express commuter train hit the Charger on the car’s passenger side, police said.
A 5-year-old male passenger, identified by the Tarrant County Medical Examiner’s Office as Emilio Jacobi Martinez, died at the scene, police said.
Riojas is the boy’s uncle. He suffered minor injuries and was treated at a hospital before his arrest. He was being held in the Tarrant County Jail on Friday with bond set at $50,000. It’s unclear whether he has a defense attorney.
The boy’s father told reporters on Thursday night that he doesn’t think Riojas should face charges.
“As the father of the child and brother of the driver, no, I don’t think my brother should be charged (with) manslaughter,” Jon Martinez told KDFW-TV. “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.”
Riojas tried to beat the train and “he wasn’t so lucky, and unfortunately, he had to pay with my son’s life,” Martinez told KXAS-TV. “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 told KXAS that Emilio was like a ball of energy and “words can’t explain how much I miss him.”
No injuries were reported among the 43 passengers onboard the TRE train, according to police. The train was headed toward Dallas, and the crash occurred near the line between Haltom City and Fort Worth.
Police urged drivers to always stop when barricades are down or warnings lights are on at a railroad crossing, even if they don’t see a train.
This story was originally published November 20, 2025 at 3:36 PM.
