SAN ANTONIO — We're learning new information about a deadly crash that killed a 5-year-old boy on Fourth of July evening.
Doan Mai, 22, is in jail on manslaughter charges in relation to the crash. She was was driving down I-10 on Tuesday when police say she suddenly hit the brakes and another car hit her from behind.
A 5-year-old in Mai's vehicle, identified as Tony Tran, was thrown from the car and died. Investigators say Tran was not properly restrained in a car seat.
Bobby Barrera, Mai's attorney, says his client is not related to the child. The child is the little brother of Tran's friend, who was also riding in the car. Instead of a car seat, Tran was restrained using a seat belt.
Barrera says police are using a traffic violation as the act of recklessness to charge Mai with manslaughter.
"She's a young Vietnamese girl who's just trying to make a better life for herself and her family," said Barrera. "She is emotionally devastated."
Barrera explained how Mai is working on her master's degree and looking forward to graduating from St. Mary's University. However, with the manslaughter charge, Mai now faces the possibility of deportation.
"She's on a student visa, and because of the mere allegation of this offense it could affect your ability even to remain in the United States," Barrera explained.
The Bexar County Records Division confirmed to KENS 5 that Mai is currently on an immigration detainer.
Barrera says this particular car crash is a complicated case. With the investigation not yet complete, he says it's too soon for authorities to draw conclusions.
"The problem with this case is the emotional impact of the because it involves the death of a child," he added. "Those cases are always given great scrutiny."
Different parties could be held responsible in this case, Barrera said. Criminal culpability could fall on Mai, the person who rear-ended her and even the little boy's sister.
"I'm not trying to impugn the family of this child at all because they're going through their own misery and sadness of this accident, but was the sister the caretaker or custodian? Somebody needs to make that decision," said Barrera.
Based on the evidence, Barrera believes the force of the crash was so great, the child likely would not have survived even with a car seat.
"I don't know any expert that is going to go out on a limb and say, 'Had that child been in a car seat, he would be alive today,'" he added. "The amount of physical energy it took to crush that backseat is the trauma that caused the death of that child."
If convicted of manslaughter, Mai could face between two to 20 years in prison.
The Bexar County district attorney hasn't filed formal charges yet in this case.
As for what's next: The Texas Department of Public Safety (DPS) will do a complete crash reconstruction. That will be sent to San Antonio police, who will send their findings to the DA, likely within the next 90 days.
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