DALLAS (CBSDFW.COM) - A driver charged after running a red-light and causing a deadly crash is out of jail, and his victim's family fears he's back on the road.
According to Dallas police, 28-year-old Jose Aguado was driving with a suspended license when he raced through a red light on Walnut Hill Lane. He hit the car being driven by Clarence Green, Sr.
"We were just driving straight," said Clarence Jr., who was sitting next to his dad, headed home from his first karate class. The 13-year-old, who struggles with a learning disability, said he was excited about the class, which his father suggested could help him defend himself.
After the class the boy told his dad he had enjoyed it. It was the last conversation the two would have. "I didn't even get a chance to say 'watch out,' because the truck was going way too fast," he said.
Clarence Jr. thought he saw his father knocked unconscious. Sherri Ferguson says their father died instantly. "My dad is dead, and I had to tell him," she said.
After looking into the case further, CBS 11 News learned that Aguado served jail time in 2008, after pleading guilty to DWI and possessing drug paraphernalia. In 2014, he plead guilty to speeding and driving without a license.
"Now that person is out of jail and out on the streets to kill again and it's not fair," said Ferguson.
The Green family said Clarence Sr. was excited to walk his daughter down the aisle at her wedding in November and was also looking forward to seeing his oldest granddaughter graduate next year. "Neither one of those things he's gonna get to see because of someone's negligence," said Ferguson.
Aguado's bond was set at $5,500 for driving with a suspended license and criminally negligent homicide. He was released after spending less than 48 hours in jail.
"The system has failed," said Ferguson. "He's back on the road driving today, I can almost guarantee it."
According to Green's family, his life insurance policy lapsed three weeks before his death.
Green's funeral is next Saturday, July 1 at 11:00 a.m. at Duncanville Church of Christ. The wake is at Evergreen Funeral Home, Friday at 7:00 p.m.
A GoFundMe account has been set up to help with funeral expenses.
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