Philly family protest in Atlantic County to keep man charged in son’s death in jail
MAYS LANDING, N.J. - "My son should be here like the rest of us. He should not be in this box," said Kaylah Smith. She brought her son's ashes outside the Atlantic County Criminal Court Complex Tuesday afternoon to make a painful yet powerful point.
"I had to burn my son so that I could still keep him at home with me," she said. About two dozen others joined her.
"Justice for Javi! Justice for Javi," they chanted in a protest over the potential release of the man charged in the death of her 8-year-old son Javier.
"Keep Edward in jail! Keep Edward in jail!" they shouted about Edward Johnston. He is the 25-year-old charged with aggravated manslaughter.
Absecon Police say July 23rd he crashed into the car Javier was in parked on the shoulder of White Horse Pike. Javi's father and 3-year-old brother Jerry were packing up to head back home to Philadelphia after a fishing trip.
'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.
"We're here fighting for justice and we need it the same way how at the snap of a finger, my kid was gone. The same results need to be done with the killer," said Javier’s father Orlando Velez. They came to the complex Tuesday after a detention hearing last week where a judge ordered Johnston released while he awaits his next court date.
The Prosecutor's Office filed an appeal. It is unclear if or when he could be released.
"I'm hoping that people have a heart and people know that we're fighting with everything we have in us," said Kaylah.
"It's very, very, very heartbreaking. His brother looking for him all the time and playing by himself. His mom always reminiscing him," said Orlando.
Senator Vince Polistina says he is working on legislation that would change how cases like this are handled.
"That would require the presumption of detention anytime you have a situation like this," he said. "This is somebody who is now alleged to be going 107mph, to be under the influence of drugs and alcohol," said Senator Polistina.
Kaylah says she will continue advocating in memory and honor of her precious little boy.
"I wasn't really good at anything in life. People know how to dance, people know how to sing, people know how to draw and I knew how to be a mom. And to have that snatched away from me, I am not taking that lightly," she said.
The family has a petition at Change.org and invite the public to sign as they seek justice for Javier.