Family of Child Killed in Valentine's Day Crash Intends to File Lawsuit

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The family of a 3-year-old boy who was struck and killed by a car on Valentine's Day in Homestead announced their intent to sue the driver behind the wheel and his employer.

Anthony de Leon's family, along with their attorney Adam Finkel, made the announcement Wednesday at the site of the crash along US-1.

“I feel when I go to my room, I will see my baby, or I go to the kitchen that I turn around, that he’ll be here, but he’s not," said Judy Rojo, the child's mother.

The driver, 42-year-old Hanskabell Amargos, told NBC 6 that he was test driving cars for his job at Spitzer Automotive when he was cut off on US-1 and accidentally stepped on his accelerator and not the brakes. The toddler was sitting under a tent with his parents and grandmother selling flowers for Valentine's Day when a Dodge Ram came barreling at them.

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

Amargos' DUI is from 2007. He also has an unsolved speeding ticket from last November.

A 3-year-old died after being struck by a car in Homestead. NBC 6's Stephanie Bertini reports.

“It’s common sense at this point," Finkel said. "He should have never been in that car, they should have never hired him and Anthony should still be alive.”

"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," Spitzer Automotive President Alison A. Spitzer said. "Our thoughts and prayers are with them during this extremely difficult time, and for every day after."

Amargos has not been ticketed and charged in the crash. The Florida Highway Patrol has not released details on the cause and says it's still reviewing surveillance video from the scene.

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