Man convicted after crashing car, killing child in New Jersey: "It was an act with intent"
Javier Velez was on a fishing trip with his family when the driver, speeding more than 100 mph, crashed into their parked car.
Velez's parents brought their son's ashes into the courtroom as they read impact statements to the judge and spoke directly to the man who killed their son.
"My son was loved, he is loved, whether he's gone or not, and his name is always going to be remembered," said Kaylah Smith, Javier's mother, after sentencing.
Smith said she fought tooth and nail to give her son the best life possible, and for the past year and nine months, while grieving, she has also been fighting to spark change.
CBS Philadelphia
"I know that if someone ever takes a kid's life the way they took Javier's, that they're going to jail and no family is going to have to fight as hard as I fought to get justice," she said.
It was July 2023 when Javier was with his father and brother on a fishing trip in Absecon. Javi was sleeping in the backseat of the family's car on Absecon Boulevard, and his dad was only steps away.
Investigators say 25-year-old Edward Johnston was drunk, distracted and driving 107 mph when he veered off the road and crashed into the parked car. Javi did not survive.
CBS Philadelphia
On Tuesday, as part of a plea deal, Johnston was sentenced to 15 years in prison.
"It was an act with intent. It was a decision and a series of decisions that were made that cost Javi's life, that's not an accident," said William Reynolds, the Atlantic County prosecutor.
Johnston was charged with aggravated manslaughter and DUI, but was released from custody and was home awaiting trial, which drew public outcry.
Led by Javi's mom, state Sen. Vince Polistina has since sponsored legislation focused on detaining people with similar charges and suspending their license and impounding their vehicle if convicted.
"That person should be incarcerated. They get their day in court, but they must remain in jail until the time they get their day in court," Polistina said.
CBS Philadelphia
"We are always going to say Javier's name, we are never going to let this little boy be forgotten, and this law is going to also make that happen," Smith said.
According to Polistina, Javi's Law has bipartisan support. It was unanimously advanced by the Senate Judiciary Committee, and Polistina hopes it can get to the governor's desk next January.
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