A Tarrant County family is pleading for charges to be dropped against a man accused of accidentally killing his five-year-old nephew in a crash.

Authorities say on Wednesday, 24-year-old Fabian Riojas tried to drive through a blocked railroad crossing, causing his car to be hit by a TRE train.

On Thursday, NBC 5 spoke with the boy’s father, who is calling for his brother to be set free.

“I know if he’d had a chance, he would have given his life for him,” said Jon Martinez.

Martinez said his five-year-old son Emilio was full of life and a ball of constant energy. Martinez said his son was close to his uncle Fabian Riojas from the time he was born.

“Words can’t explain how much I miss him,” said Martinez. “This is really sudden. I was at work when this was told to me.”

The family said on Wednesday afternoon, Riojas was giving Emilio a ride home in his Dodge Charger when he came to a blocked railroad crossing on Elliot Reeder Road in Haltom City.

“Basically, it was trying to beat the train,” said Martinez. “And unfortunately, the train won.”

Fort Worth police said Riojas went past the barriers and tried to drive across the tracks. His car was hit by a TRE commuter train, sending it crashing off the side of the road.

Police said Riojas was hospitalized, and five-year-old Emilio died from his injuries.

“He did it, and he wasn’t so lucky, and unfortunately, he had to pay with my son’s life,” said Martinez.

On Thursday, Fort Worth PD announced Riojas is being charged with Manslaughter-Traffic Accident in his nephew’s death and is now being held in the Fort Worth Jail.

Riojas’s family said the criminal penalty is not what Emilio would have wanted, and while his uncle made a mistake, they believed he should go free.

“The last thing I want is people to think that my brother’s a monster, because I can assure you that my brother loved him more than anything,” said Martinez. “And if I can forgive him, I hope everyone else can too.”

NBC 5 has asked the Fort Worth District Attorney’s office for a response to the family’s calls to drop the charge against Riojas. We are waiting to hear back.