Watch CBS News

Family To Sue Driver Who Plowed Into Homestead Valentine's Day Stand, Killing Toddler

MIAMI (CBSMiami) - The family of a young boy who was killed when a car plowed into a roadside tent selling Valentine's Day gifts plans to file two lawsuits.

The parents of Anthony Rojo De Leon held a news conference Wednesday where announced their plan to file lawsuits against the driver of the Dodge Charger, Hanskabell Amargos, and his employer, and owner of the car, Spitzer Chrysler Dodge Jeep Ram (Spitzer Automotive).

"They were sitting here selling flowers when the Spitzer Dealership recklessly turned over keys to a man that should have never had those keys," said family attorney Adam Finkel. "A man that had a criminal record, including a DUI and had shown them that he could not be trusted."

Anthony Rojo pics
Anhtony Rojo De Leon (Source: Rojo De Leon Family)

It's hard for Judy Rojo to talk about what happened when Anthony was killed.

It happened on Valentine's Day while the family was selling flowers at a roadside stand near Homestead.  That's when Judy said she heard a car coming toward them.

"I saw the car... I thought it was going on out of control," she recalled. "I turned to tell the daddy, Felipe, and when that happened, everything happened like this."

After the car crashed into their tent, Rojo's husband got up, but her little boy did not.

"He got up and I thought he was going to bring my child, my baby and he just came out by himself," she said. "I started like crazy, picking up everything. I thought he was under the charge the table, because everything flew."

Good Samaritans leaped into action to try and save Andrew, who was trapped under the car.

They were able to pull the boy out. He was airlifted to Kendall Regional Medical Center where he died.

"I haven't slept. I only sleep like three, two hours. I feel like when I go to my room I'll see my baby. When I go to kitchen and I turn around he's going to be there. But he's not. It's like a nightmare," she said.

Spitzer released a statement, saying:

"It is difficult to find the right words to describe the heartfelt sympathy the people of Spitzer Homestead have for all the families involved in this devastating tragedy. Our thoughts and prayers are with them during this extremely difficult time, and for every day after."

The Florida Highway Patrol said charges against Amargos are pending.

View CBS News In
CBS News App Open
Chrome Safari Continue
Be the first to know
Get browser notifications for breaking news, live events, and exclusive reporting.