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Update: Family identifies boy killed in tragic San Jose crash near Castlemont Elementary

Friends, family mourn boy killed in San Jose crosswalk
Friends, family mourn boy killed in San Jose crosswalk 02:43

SAN JOSE -- A South Bay school community was in mourning Friday evening as family and classmates come to grips with the tragic death of a third grader who was fatally struck by a car as he walked to school.

San Jose police said the boy and his nanny were both in a crosswalk when the driver hit them a block away from Castlemont Elementary.

Both of the injured pedestrians were taken to the hospital with the boy suffering from life-threatening injuries. Police confirmed he succumbed to his injuries less than two hours later.  

His family identified the child as 8-year-old Jacob Villanueva. He was a third grader at Castlemont. Family members cried and hugged during a small gathering at the scene of the crash Friday afternoon.  

San Jose boy Jacob Villanueva killed in crash
San Jose boy Jacob Villanueva who was killed in a crash near Castlemont Elementary School. CBS

The boy's father said he was too heartbroken to do an interview, but told KPIX that Villanueva was a fun, loving kid.

"I have a 6-year-old that goes to school. I can just imagine the pain of the family. They just sent their little baby to school and he's not coming back," said neighbor Arcadia Garcia.  

Garcia and many neighbors have long worried about the T-intersection where the crash happened. There are no stop signs on Castlemont Avenue or Driftwood Drive. Drivers who come to the T-intersection has to yield to each other.

Garcia said she and her kid had two close calls at the same crosswalk.

"We were crossing and we were like right in the middle ([of the crosswalk]. And the car saw us, and he didn't care, he just went this way. It was a big truck," said Garcia.

San Jose police are investigating what caused the driver of the new 2022 black Mercedes Crossover to hit Villanueva and his 44-year-old nanny in the crosswalk.  Police said the nanny broke her leg in the collision and would recover from her injuries.

Witnesses said the crash happened in front of a lot of parents and kids walking to Castlemont Elementary.

KPIX 5 confirmed local tax law and family law attorney Shiva Moozoun was the driver. KPIX 5 learned Moozoun and her mom were making a turn from Castlemont Avenue onto Driftwood Drive when the crash happened.

"We don't believe that alcohol or drugs are a factor in this collision. The driver did remain at the scene and was cooperating with the investigation," said SJPD spokesman Officer Steve Aponte.

Police said Moozoun was driving between 20 and 30 miles per hour.  The posted speed limit on that street is 25 MPH.

It is unclear if Moozoun will face any charges. Police said once they finish their investigation, they'll forward the information to the district attorney's office.

Campbell Union School District Superintendent Dr. Shelly Viramontez also released a statement on behalf of the district about the death of the child, who was a third grader at the school

"Our school community is heart-broken by this development, as every single one of our students we care for and love like our own," Viramontez said in the statement. "As a parent, and as your superintendent, I ask you to please hold the family in your thoughts, as they will need our entire community to hold them in our arms."

She also noted that counselors would be available for staff and students "to give them the space to process this morning's tragedy."     

San Jose police said Villanueva is the 26th pedestrian killed this year in the city.  In the same period last year, they said car crashes killed 18 pedestrians.

Police believed the rise in pedestrian deaths is partly due to short staffing. SJPD used to have 40 traffic enforcement officers.  Now, they're down to 14 traffic cops.

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