DWI suspect charged with murder in deadly crash that ejected 3-year-old boy in Baytown, deputies say

BAYTOWN, Texas (KTRK) -- A suspected drunk driver is charged with murder after a toddler was killed in a Baytown crash.

Ricardo Rodriguez, 40, was intoxicated when he sped around a vehicle at 4210 West Cedar Bayou Lynchburg Road just after 1 p.m. on Sunday, according to the Harris County Sheriff's Office.

ORIGINAL REPORT: 3-year-old not properly restrained killed when suspected drunk driver crashes into pole: HCSO

He reportedly lost control of his white GMC Yukon SUV and left the roadway before striking a ditch. The impact caused the GMC to roll and hit a utility pole, throwing both Rodriguez and a 3-year-old boy from the vehicle, deputies said.

The toddler was pronounced dead at the scene.

Investigators said the 3-year-old was sitting in the front seat and was not restrained in the proper car seat. He may have just been wearing an adult seatbelt at the time of the crash, deputies said.

Rodriguez was not hurt, HCSO said.

Deputies said he showed signs of intoxication, and was subsequently charged with felony murder.

The relationship between the driver and the toddler was not immediately known.

The case remains under investigation by the Harris County Sheriff's Office Vehicular Crimes Division.