Fort Worth man’s attempt to 'beat' an oncoming train with his car turns fatal for 5-year-old boy; here’s how tragedy unfolded in Texas

A bizarre incident surfaced in Texas where a five-year-old boy sitting in a car lost his life after the driver tried to “beat” an oncoming train with his car. The car was ultimately hit by the train, killing the child identified as Emilio Martinez, 5. The driver, identified as Fabian Riojas, sustained minor injuries and was rushed to a hospital.

Following the horrific incident, authorities responded to a call in Tarrant County shortly before 4 PM local time on Wednesday, November 19, 2025, a spokesperson for the Fort Worth Police Department (FWPD) told PEOPLE in a statement.

After the authorities arrived at the scene, they discovered that a Dodge Charger had been hit by a Trinity Railway Express (TRE) commuter train. The five-year-old was pronounced dead at the scene, and Riojas was taken to a hospital with minor injuries. FWPD stated that none of the 43 passengers on the train sustained injuries.

Cops reveal details after initial probe

Following the initial investigation, police said that the driver, Riojas, 24, was in the car with 5-year-old Martinez when Riojas allegedly attempted to drive around a barricade to cross the tracks before the train arrived, according to PEOPLE.

Riojas was charged with manslaughter-traffic accident on November 19, 2025, and transported to the Tarrant County Jail, according to 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.” 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.

FWPD officer called the incident ‘preventable’

In a statement to CBS News, FWPD Strategic Community Relations Officer Tracy Carter called the incident “preventable.” "I guess the car [sic] (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 further stated.