NJ man in court on charges related to crash that killed 8-year-old boy

A Philadelphia family is still mourning the sudden loss of their 8-year-old son this Thanksgiving, after he was killed when he was hit by a car during a fishing trip with his dad. His family is calling for justice.

"I'm enraged. The insides of me are still shaking," said Kaylah Smith as she held tight her son’s ashes. She is in shock that during a virtual hearing Wednesday morning, a judge ordered the person charged in the car crash that took her little boy's life, let out of jail until his next court date.

Kaylah says, according to her lawyer, the Atlantic County Prosecutor's Office appealed the judge's decision.

It is unclear exactly if or when he would be released.

"How do you hear that a kid was killed and still make the decision to release him?" she wondered. FOX 29’s Shawnette Wilson talked to Kaylah tonight outside her home where a memorial remains in memory of her little boy 8-year-old Javier Velez.

"The sadness turned to anger and I'm like, ok, so we're not getting justice? So, I have to keep fighting," she said. The family says the hearing follows a series of disappointments in the case since the deadly crash happened July 23rd.

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'He made us a family': Vigil held for Logan boy killed on fishing trip with father, younger brother

The Logan community is wrapping their arms around a family who lost their 8-year-old son and brother when a driver plowed into their parked car. A vigil was held Wednesday night as the parents shared memories of Javier Velez.

"He just got charged six days ago. So, this whole time he was not even charged with my kid. He was charged with the DUI, he was charged with the speeding, he was charged with reckless. He just got charged with aggravated manslaughter," said Kaylah.

"You finally arrest him and he only does six days," she continued.

Absecon police say 25-year-old Edward Johnston, of Egg Harbor City, went off the road on White Horse Pike, slamming into the car Javier was asleep in parked on the shoulder. His father was packing up to head back home to Philadelphia after a fishing trip with Javier and his younger brother Jerry.

"We're not dealing with it well. Every day it is crying. Every day it is sadness," said Kaylah.

FOX 29 reached out to the Atlantic County Prosecutor's Office on the status of the appeal and are waiting to hear back.

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