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PHILADELPHIA - Monday marks a year and five months that Kaylah Smith's 8-year-old son Javier Velez was killed. She honored him by giving away new toys, hats, scarves and gloves.
It is the Philadelphia family’s second Christmas without their little boy. Monday night they held a toy give-a-way in his memory ahead of a bill in his name that is on the way to becoming law.
Smith managed to smile and feel a little joy while giving out gifts to groups of kids at the Alan Horwitz Sixth Man Center in Nicetown.
"It keeps Javi's name alive and it helps other families which sometimes around this holiday season it's hard for other families like it's hard for us," said Smith who also says things like this keep the family going one day at a time."We're grieving and it's not really joyful for us so if we can see other families have a little bit of joy it at least helps us smile a little bit."
Javi was killed while on a fishing trip with his younger brother Jerry and their father Orlando. Though they live in Philly, the incident happened on White Horse Pike in Absecon New Jersey.
Investigators say 25-year-old Edward Johnston was drunk and speeding when he went off the road and slammed into the car Javi was in, causing his death.
"What's important to me is that no one ever gonna drink and drive, kill a kid and go home. No one is ever gonna speed 107 mph and go home. Or anybody for that matter. It does not have to be a child," said Smith.
It is the reason she worked to get legislators to draft a bill that would among other things keep the defendant in jail pre-trial.
Johnston has been charged but right now remains free.
"It just wasn't sitting right with me and I'm like how can this be? And it was obviously because of New Jersey laws that he was free. So I am like naw that has to change," said Smith. The bill recently passed the state senate judiciary committee and now heads to the assembly before hitting the governor's desk.
Meanwhile, Monday night, Smith held tight her son's ashes.
"Everywhere we go he goes. That is why I cremated him," she said as her mom and Javi’s dad who dressed as the grinch for the kids, helped others with the give-away and mission to change the law.
"It's not going to help Javi, but it's going to help the next family not go through what we're going through," said Smith.