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Driver Charged With Intoxication Manslaughter after 10-Year-Old Dies

Reported by: Kristina De Leon
Email: KristinaDeLeon@woaitv.com
Last Update: 12/19/2008 6:16 am
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10-year-old Joseph Villafuerte was killed when he was thrown from a van that was hit by an SUV at Bandera and Prue. (News 4)
10-year-old Joseph Villafuerte was killed when he was thrown from a van that was hit by an SUV at Bandera and Prue. (News 4)
SAN ANTONIO - A 10-year old was killed after he was thrown from a mini-van in an accident on the Northwest Side Wednesday night.

The accident happened off of Bandera and Prue Road.

The boy, 10-year-old Joseph Villafuerte, was coming home with his mother, his older sister, and his young niece and nephew after a shopping trip to Walmart.

The driver whose SUV hit the van Villafuerte was riding in was arrested and is facing intoxication manslaughter charges. Police said 45-year-old Eugene Artis Malloy was drunk when he clipped the mini van, sending it into a median.

"It looks as if though the suspect was not only speeding but was going in and out of traffic, changing lanes," explained Sandy Gutierrez of the San Antonio Police Department. "Clipping the van at one point, spinning out of control, causing that van to go out of control."

The van then rolled, and Joseph Villafuerte was thrown out of it. He died at the scene from his injuries.

The woman who called 911 after seeing the accident now wants to help the little boy's family. Kathy Strain and her children were listening to Christmas carols when they heard squealing tires. Seconds later, they saw the accident. Kathy told News 4 WOAI's Leila Walsh she wants to create a new Christmas memory for Joseph's family. Click here to watch...

If you would like to help, you can e-mail Kathy. Her address is, kathy.strain@gmail.com.


Joseph's parents said Joseph was an honors student, who liked math and science and wanted to be the president. The 5th grader attended Krueger Elementary School.

"This is a very, very sad occurrence, and our hearts go out to Joseph's family," said Dr. Deborah Healy, a counselor for the Northside Independent School District.

Counselors were on hand Thursday to help students and staff at the school cope.

"Teachers are tearful and very sad to here of Joseph's loss and certainly a very cherished student in our school district," explained Dr. Healy.

Joseph's mother, who was driving the van, said the rest of the kids should be released from the hospital by the end of Thursday.

Joseph's mother is warning others about drinking and driving. She said if you get behind the wheel, you're going to hurt the innocent, like her son.

Police have not determined whether or not Joseph was wearing a seatbelt. They said they're still investigating.
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