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Suspect back in custody after new charges filed in Dallas hit-and-run that killed 23-year-old: "It took too long"

New charges have been filed against a man accused of killing a 23-year-old in a hit-and-run incident this past July in Dallas, according to court records.

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Jose Hernandez De Leon, 31, was taken into custody and charged with collision involving death, a second-degree felony.  Dallas Police Department

Jose Hernandez DeLeon, 31, was booked into the Dallas County Detention Center on Tuesday on multiple charges, including manslaughter, collision involving a pedestrian using a crosswalk causing serious bodily injury, and tampering with or fabricating evidence in the death of Seth Caden Rains. His bond has been set at $70,000.

Parents seeking justice for their son

"A lot of sleepless nights, a lot of waiting, and a lot of why nots. Lots of questions arise when you're going through something like this," Seth Rains' father, Clint Rains, said.

He said the days have been empty without his son.

Clint Rains and his wife, Cyndi, made it through the holidays surrounded by lots of family. Seth Rains' birthday was in October, and his mother said he loved Christmas.

"And I know he's probably saying, 'Mom, stop crying,'" she said. "I just can't. It's hard."

What happened following Seth's death

Seth Rains, according to Dallas Police, was killed by a vehicle that hit him in the crosswalk as he left a concert with friends in Dallas' Design District on July 27.

Police said the driver was DeLeon, who was arrested in August for a second-degree charge of colliding with a pedestrian in a crosswalk and causing serious bodily injury. DeLeon bonded out of jail.

According to an arrest affidavit, police said DeLeon was driving between 74 and 81 mph.

Investigators said the speed limit on Market Center Boulevard, where the incident happened, was 35 mph. DeLeon was reportedly seen by witnesses driving northwest on the same street.

Then, when word of the new charges came from a warrant signed on Nov.14, Cyndi Rains had expectations.

"When the detective tells you he's filed three warrants, I'm thinking, okay, he'll be arrested in 24, 48 hours, maybe three days," she said.

The grieving mother said there was no arrest by Thanksgiving or Christmas. She spoke with liaisons who were assigned to help her, but that didn't snuff out the way she felt.

"It just didn't happen like it should, and it just took too long," she said.

When the family got news of DeLeon's arrest on Tuesday morning, they were encouraged after waiting seven weeks. Cyndi Rains expressed that she wanted DeLeon to sit in jail longer without a bond.

"He deserves to spend some time in jail. And I think that he has proven that he needs to stay in jail, since he didn't turn himself in for seven weeks," she said. 

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