Man charged in hit and run accident; police allege new, disturbing details in case

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Mom speaks about son's condition after driver's arrest.

The Harris County Sheriff's Office has charged a 19-year-old after they allege he ran over a 12-year-old boy on Sunday.

Gustavo Diaz is charged with aggravated assault with a deadly weapon.

Authorities say initial reports were that the 12-year-old was struck by an unknown make, model and color of vehicle. A driver who failed to stop and render aid and then fled the scene in an unknown direction of travel.

The boy was found at the intersection of Sunny Drive and Seven Mile Lane.

The 12-year-old was seriously hurt and was transported by EMS to Memorial Herman Hospital Downtown alive in critical condition. He is expected to recover from his injuries.

Investigators say they learned the boy was standing on the hood of a black Ford Crown Victoria owned by Diaz.

"It wasn't a hit and run like they said it was," said Julia Garnica, the boy's mother. "It turned out Jason was on the hood of the car and Gustavo drove off with him."

Authorities say Diaz started the vehicle and drove down the street with child holding on to the hood. The boy, authorities say, yelled at Diaz to stop but he refused.

When the vehicle turned on Sunny Drive, police say the boy fell off the vehicle and was run over.

Diaz reported to 911 that an unknown vehicle struck the 12-year-old and fled, according to law enforcement. Initial reports to Eyewitness News from HCSO say the first call to investigators was from a friend who was not hit.

"Gustavo decided to do all that. Why is beyond me," Garnica said. "I don't understand and for as long as I live I won't understand because now my child is fighting for his life and I don't even know what's going to happen to Jason. We don't know the extent of his damages. We don't know what's to come. All I know right now is that Gustavo's decision has consequences for both families."

Diaz is being held on $30,000 bond. His first court date is February 17.

Shortly after the boy was hit, Eyewitness News reported at the scene that one resident won't let her grandchildren play outside near the street because of the reckless driving.

"You hear the tires screeching and people, they drive horrible in this neighborhood," Susan Beltran said.

"You can't just let your kid come out here and play because the way they speed up and down these little streets, it's like a race track," said another neighbor.
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