The crash happened Thursday morning on Fuqua in southwest Houston. Two-year-old Emmanuel Moline died at the scene, and his grandmother was critically injured.
READ: Video captures moment 2-year-old boy and grandma were hit by a truck while crossing the street
According to police, the driver stayed on the scene and is not facing any charges at this time.
"You can't explain the pain. You feel empty like something is missing, and that something is Emmanuel," Emmanuel's cousin, Felipe Garcia, said.
The crash was captured on camera from the Michoacana across the street.
In the video, a silver truck can be seen making a left on Fuqua before colliding with the little boy and his grandmother. Emmanuel's stroller was hurled across the street.
"A very playful baby, full of life, very joyful, and honestly, it is very painful the way he passed," Zulema Molina said. "There are no words,"
The lack of accountability is something that deeply troubles the Molina family. Houston police said the driver stayed on the scene and showed no sign of intoxication, so per protocol, they let him go.
"The fact that he was released the same day is mind-blowing to me. It is unbelievable," Garcia said.
The Lisa Torry Smith Act enacted in 2021 created a felony charge for drivers who seriously injure or kill someone lawfully using a crosswalk.
Her sister, Gina Torry, the founder of Citizens for Road Safety, said there was enough evidence for the driver to have been arrested and charged immediately.
In neighboring Fort Bend County, prosecutors and law enforcement use the law to arrest drivers in deadly crosswalk collisions on-site.
"It works differently across Texas, but the way it works here in Harris County is the Houston police department is under an obligation to call the district attorney," Torry said.
The office of the soon-to-be former District Attorney Kim Ogg hasn't filed charges under the law since its inception. While the driver who hit Emmanuel could still face criminal charges, an arrest is not the only goal for Molina and Torry. They want actual safeguards.
Their proposals include anything from a four-way stop to a traffic light.
"Speed is an issue not just here but across Houston, and there's also a lack of compassion for people getting behind the wheel," Torry said
The consensus between Torry and the Molina family is the driving culture has to change.
"It hurts to say this, but we are going to have to learn from Emmanuel. All of Houston is going to have to learn from Emmanuel," Garcia said.
"I want to speak for him so his death can mean something," Zulema Molina said. "To prevent this."
There will be a benefit for the family for those who would like to support them at 3914 Simbrook Drive in Houston on Sunday, Dec. 15, at 12 p.m.
For updates on this story, follow Alex Bozarjian on Facebook, X and Instagram.