Kendra Lyn, NBC 5 News
Criminal charge of negligent homicide could be filed against the driver of the Chevrolet for her role in a crash that killed 2 children.
Two children were killed and five others were injured in a crash on Interstate 35 late Tuesday night.
Investigators said a Lincoln rear-ended a small black Chevrolet sedan parked on the interstate with four children and three adults inside. Police originally said the car was parked on the side of the highway.
Seventeen-month-old Nebriyah Bates and 4-year-old Tey-Onna Burnley were killed. Burnley, who was hospitalized in critical condition, died overnight at Methodist Medical Center in Dallas, the Dallas County medical examiner said.
Four people remained hospitalized in critical condition Wednesday. A 6-month-old infant that was strapped in a car seat sustained minor injuries.
Police said the driver of the Lincoln entered the highway at Kiest Boulevard and was speeding up southbound when the collision occurred near the Ann Arbor bridge.
Dallas police said the 22-year-old driver of the dark-blue Chevrolet stopped in right lane when her vehicle ran out of gas. Witnesses the said the car did not have its hazard lights on.
The driver of the Lincoln told police he tried to avoid hitting the car but collided with the back left of the vehicle, which did not have any lights on.
Investigators said seven people -- three adults and four children -- were in the car, which had seat belts for five people. Police said all seven people are related in some way.
Police said a criminal charge of negligent homicide could be filed against the driver of the Chevrolet because she ran out of gas, remained in the lane of traffic and failed to turn her hazard lights on.
"Right now, we're trying to see if we have enough to prepare a case to send to the grand jury," Lt. Scott Bratcher said.
Bates' grandfather, Bobby Davis, said he doesn't believe charges are warranted. He said the family has suffered enough.
"This morning, I was very upset, and I'm still a little upset, but I'm just thankful for the time I had to spend with my grandbaby," he said.
The two people in the Lincoln were not seriously injured and were treated at the scene.