'He killed my kid': Mother of 8-year-old boy killed in NJ crash wants driver arrested

ABSECON, New Jersey (WPVI) -- The family of an 8-year-old boy who was killed in a New Jersey car crash earlier this week wants to know why the driver has not been arrested.

"It is about my kid, but the main focus should be why this man is still free," said the mother of Javier Velez, Kaylah Smith.

Her oldest son and entertainer of the family, 8-year-old Velez, was on a fishing trip with his dad in Absecon on July 23.

READ | 8-year-old boy sleeping in parked vehicle killed by driver in South Jersey

Velez had been sleeping in the family's parked car when police say a driver veered off the road and plowed into their vehicle.

Velez was taken to an area hospital where he was later pronounced dead.

"I have a picture of the car and where it was. It was not on the highway, it was not on the shoulder of the highway. It was not near the highway. That guy steered off into him," said Smith. "At the same exact spot. For years. Same exact spot. Nothing like that had ever happened. Ever. Ever."

Police say 25-year-old Edward Johnston of Egg Harbor City, New Jersey, was given several motor vehicle citations following the crash on White Horse Pike.

The Atlantic County Prosecutor's Office says charges could be filed once the cause of the crash is determined.

"It's murder. He killed my kid. My kid is gone, and this man is free. Uninjured. That man's car flipped upside down and he's alive, but my kid is gone. It's not fair," said Smith.

As they process the sudden void, family members are honoring Velez's love of art through tattoos of his drawings and his face.

"He was so funny, he liked to dance. He liked to sing. He was loved. He was loved by many people, a lot of people. That's what kind of gets me through the day," said Smith.

A vigil was held outside the family's home in the Logan neighborhood of Philadelphia earlier this week.

They are planning a memorial at the crash site sometime in the future.