Family demands action after 7-year-old’s death in DUI crash involving migrant who had prior arrest

A Texas family is fighting for justice after a seven-year-old girl was allegedly killed by an illegal immigrant in a drunk driving crash earlier this month. 

Joel Gonzalez Chacin, 41, was charged with intoxication manslaughter for the death of Ivory Smith, a second-grade student at Klenk Elementary School in Houston.

“We have so many memories of Ivory,” Collins told “Fox & Friends” host Steve Doocy. 

“She was such a bubbly star to us. She loved the spotlight. She loved to dance. She loved gymnastics. She had a YouTube channel, and we’re just going to miss her. She was always that smile, you see. She was always smiling, and we didn’t protect her. Texas laws didn’t protect her.”

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Authorities confirmed to Fox News Digital that the 41-year-old migrant was intoxicated when he T-boned Christina Smith and her daughter Ivory at 2:45 a.m. on December 1. 

Police said that Chacin took photographs of the scene of the crash “instead of helping” and then drove off. The two victims were only a few minutes from home.

“Unfortunately, he didn’t care. He didn’t care that it was a mother and a daughter in that car,” Collins said. “He had harmed. He didn’t try to assist. He didn’t try to call for help. He got out. He took pictures, and he tried to flee the scene.”

Fox 26 Houston reported that court records revealed that Chacin had previously been placed on another ICE hold earlier this year after being arrested for assaulting a family member in June. 

The felony assault charge against him ended up being dropped to a misdemeanor and, after pleading guilty, Chacin was sentenced to 113 days in jail, which he had already served, and was released that same day. The ICE detainer against him was also lifted that same day for an unknown reason. 

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“We want the laws in Texas to be stiffer,” Collins said. “When they make the decision to drink and drive, they make a decision to possibly go to jail for a longer sentence because they don’t give us those choices when we’re riding on the street just trying to get home.”

“I should be able to ride. People in Texas should be able to get in their car and get home safe if we’re doing everything correctly,” she continued. “We shouldn’t have to worry about someone drinking and driving on the streets.”

According to a statement released by the family, the mother, who has been released from the hospital, continues to “endure immense physical and emotional pain” from the accident.  

“My niece has lost her only child. Her dad has lost his only daughter,” Collins said. “Our family has lost Ivory, which was loved throughout our family. She was one of our youngest ones in the family, and we’re just seeking justice.”

“We’re trying to get these laws changed because it’s unfair. Like you guys say, it’s 12 days before Christmas and we’re planning a funeral instead of trying to celebrate Christmas,” she continued. 

Fox News’ Peter Pinedo and Sarah Rumpf-Whitten contributed to this report.