Father Arrested for Shooting at Driver Who Accidentally Struck and Killed His 2-Year-Old: Cops

California Highway Patrol/GoFundMe

After his son abruptly bolted into traffic, the father opened fire on the teen driver who hit the toddler, stopped immediately and got out of his car to try and help.

A two-year-old boy is dead after a tragic accident when he ran onto a roadway in Stanislaus County, California, and was struck by an oncoming car. Two days later, the bereaved father found himself under arrest after he’d opened fire on the driver, who stopped immediately after striking the toddler.

Elvis Zepeda, 28, was charged with attempted murder, possession of an illegal firearm, and possession of a controlled substance, per Fresno Fox affiliate KMPH. He was booked into the Stanislaus County Public Safety Center.

It all started around 8:30 p.m. on Tuesday, January 21, along Highway 33. According to the California Highway Patrol, per the outlet, Elvis Zepeda and his son Benjamin were on the shoulder of the highway near a food truck when the child suddenly bolted into the roadway.

Elvis gave chase as Benjamin ran directly in front of an oncoming BMW sedan, which struck the small child.

The 19-year-old driver of the BMW stopped immediately and the driver got out to try and help, per police but that’s when Elvis allegedly grabbed a handgun he was carrying on his person and opened fire, hitting the rear of the vehicle.

The driver quickly left the accident scene, but was unharmed in the shooting. The Modesto Bee reports that after leaving, the driver contacted CHP and is fully cooperating with the investigation.

They have found no evidence the teen was driving recklessly, per Sacramento Fox affiliate KTXL Police reported finding at least eight shell casings nearby.

“He left the scene in fear for his life,” CHP spokesman Officer Tom Olsen told The Bee. “He was proactive regarding letting law enforcement know what occurred.”

The CHP and emergency first responders from the Patterson Police Department and Stanislaus County Sheriff’s Department arrived to find Benjamin in critical condition. He was transported to Doctors Medical Center, but ultimately succumbed to his injuries.

“Benjamin Zepeda, born August 14, 2022. A loving boy, my only child, firstborn. Very funny, with a bubbly personality. He enjoyed watching Spider-Man, pounding juice boxes, and sneaking apple sauce pouches in his room,” said the toddlers’ mother, Almendra Alfaro, in a statement to CBS News.

A GoFundMe has been set up by the mother’s aunt to help the family with Benjamin’s funeral expenses. “Benji was born on 8/14/2022 and brought happiness to this family with his beautiful smile. He will be greatly missed,” she wrote. The fundraiser is titled, in part, “Benji’s Smile Lives On.”