Parents of Pharr boy killed while riding bicycle file wrongful death lawsuit against police, driver

PHARR, Texas (ValleyCentral) — The parents of 8-year-old Caleb Ramirez, who was killed in April after he was struck by a vehicle while riding a bicycle, have filed a wrongful death lawsuit.

Caleb's parents, Sonia Hernandez and Jose Ramirez, filed the lawsuit against the Pharr Police Department, the alleged 17-year-old driver in the crash and his parents and brother.

According to a Texas Department of Transportation crash report, obtained by ValleyCentral, officers were dispatched at 7:30 p.m. on April 26 to the 700 block of E. Eller Street, where a truck leaving an apartment complex struck Caleb. The report stated that Caleb was attempting to cross the street on a bicycle and did not yield the right of way to the truck, and was struck by the front bumper of the vehicle.

The report stated the driver was identified as a 17 year old who was given a citation for not having a driver's license. Caleb was pronounced dead less than an hour later.

The lawsuit filed by his parents states that Caleb was "plowed over by a reckless, distracted driver" and was "acting as a reasonable and prudent young boy riding a bicycle in his own neighborhood."

The document continues, stating that Caleb looked both ways for traffic, meanwhile the driver of the GMC Sierra Truck was stopped on the wrong side of the road, facing the wrong direction for that lane of travel.

"Suddenly and without warning, the driver of the GMC Sierra Truck rapidly accelerated, striking the rear of Caleb's bicycle, plowing Caleb over," the lawsuit stated.

The document alleges that the driver failed to stop and render aid, and instead continued to "speed down the street away from the scene" until they were flagged down by witnesses.

According to the lawsuit, Pharr police officers responded, but failed to require the driver to submit to a drug and alcohol screen, despite it being a fatal crash.

"Instead, the investigating officers released the driver to his mother, who promptly whisked him away from the scene," the document details.

Caleb's parents claimed to have made two open records requests, including incident reports, narratives, body cams, dash cams and other supplement reports. They said they did not learn of the crash report until May 14 when it was published by ValleyCentral.

The lawsuit continues, stating that the driver named in the lawsuit is guilty of gross negligence, and since he was a minor, his parents are "vicariously liable for his conduct."

"At the time, defendant ... was an unlicensed driver and had no business behind the wheel of the GMC Sierra Truck driving on public roadways," the document states.

It also alleges that the driver failed to travel at a safe speed, drove recklessly, and "was under the influence of drugs and/or alcohol at the time of the collision."

The document then states that the 17-year-old's brother, is an "influencer" on social media and the owner of the truck. It states that he and his brother routinely appeared together on social media flaunting alcohol and hard drugs, such as cocaine. The document accuses the brother of being grossly negligent by entrusting the truck to his younger brother, who he knew was unlicensed and reckless.

In May, the Pharr Police Department provided an update on the incident, stating the case was submitted to the Hidalgo County District Attorney's Office. After all the evidence and circumstances were examined by the DA's office, the case was presented to a grand jury for consideration.

On May 29, the grand jury returned a decision of "no bill," and there was no indictment made, police said.

“Our thoughts and sympathies remain with the family and loved ones affected by this tragedy,” Pharr PD stated in a news release.