After the death of a 7-year-old in a DUI crash involving a migrant with a prior arrest, the family demands action.

Aunt of Ivory Smith claims that laws failed to safeguard niece from alleged drunk driving by a migrant on 'Fox & Friends'.

After the death of a 7-year-old in a DUI crash involving a migrant with a prior arrest, the family demands action.
After the death of a 7-year-old in a DUI crash involving a migrant with a prior arrest, the family demands action.

An illegal immigrant is accused of killing a seven-year-old girl in a drunk driving crash in Texas, prompting her family to fight for justice.

A 41-year-old man was accused of intoxicated manslaughter for the death of a second-grade student at an elementary school in Houston.

Steve Doocy of "Fox & Friends" was told by Collins about the numerous memories they have of Ivory.

"We're going to miss her. She was always smiling and loved the spotlight. She loved dancing and gymnastics, and had a YouTube channel. Unfortunately, Texas laws didn't protect her."

Ivory Smith
Ivory Smith, 7, was killed, and her mother was critically injured when authorities say a man allegedly driving drunk crashed into their car.  (GoFundMe)

According to Planet Chronicle Digital, authorities confirmed that the 41-year-old migrant was under the influence of alcohol when he crashed into Christina Smith and her daughter Ivory at 2:45 a.m. on December 1.

Chacin took photographs of the crash scene instead of helping and then drove off, leaving the two victims only a few minutes from home.

"Unfortunately, he didn't care that it was a mother and a daughter in that car. He had harmed them, but he didn't try to assist or call for help. Instead, he got out, took pictures, and tried to flee the scene."

Earlier this year, Chacin was placed on an ICE hold after being arrested for assaulting a family member in June, as reported by Fox 26 Houston.

The felony assault charge against Chacin was dropped to a misdemeanor, and after pleading guilty, he was sentenced to 113 days in jail, which he had already served, and was released the same day. Additionally, the ICE detainer against him was lifted that same day for an unknown reason.

"Collins stated that the laws in Texas should be stricter, as those who choose to drink and drive are making a decision to potentially face a longer sentence in jail, which they do not give us when we are simply trying to get home on the road."

"If we're doing everything correctly, individuals in Texas should be able to safely drive home in their car."

ICE hold lifted months before deadly crash that killed girl

The mother, who has been discharged from the hospital, is still experiencing "significant physical and emotional suffering" as a result of the accident, according to a statement from her family.

""Our family has lost Ivory, who was loved throughout our family. She was one of our youngest ones in the family, and we're just seeking justice," Collins said."

We're attempting to alter these laws because it's unjust. As you all state, it's 12 days before Christmas and we're preparing for a funeral rather than celebrating the holiday.

Planet Chronicle' Peter Pinedo and Sarah Rumpf-Whitten contributed to this report.

by Bailee Hill

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