Driver Fabian Riojas has been charged with manslaughter and is accused of accidentally killing his five-year-old nephew in the horror crash

A five-year-old tragically died after his uncle allegedly tried to "beat” an oncoming train by driving around the barricade. Police say the train crashed into the side of the car, featuring Fabian Riojas, 24, and Emilio Martinez, five, throwing the vehicle 300 yards down the road.

Riojas was rushed to hospital, while the five-year-old died from his injuries in the incident on November 19, in Texas. Official records show he has been charged with vehicular manslaughter. Emilio's father Jon told NBC: "Basically, [he] was trying to beat the train,” said Martinez. "And unfortunately, the train won.”

He added: "Words can’t explain how much I miss hi

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