RACINE (WITI) -- Family members of five-year-old Naomi Guerrero, run over by a car in Racine want to see the 16-year-old driver behind bars. Police have called the incident a tragic accident, but the little girl's family doesn't agree. Guerrero's family members say they can't start to heal until the driver is held responsible for what happened.
"We still can't get over the thought of our baby being gone," Mary Marquez said.
Family members of five-year-old Naomi Guerrero should be helping the little girl with the big smile get ready for kindergarten. Instead, they're fighting for justice.
"How can you run three people over and not be incarcerated? We don't understand that," Marquez said.
Naomi was struck by a van two weeks ago -- on 1st Avenue near North Street in Racine.
The little girl was in the area for a birthday party. She was standing in a driveway when a 16-year-old boy began backing his family's van out of the driveway.
Naomi was knocked to the ground and run over by a rear wheel.
"I looked underneath the van, I saw my niece crawling out to me. She was crawling out to me, telling me 'Tia!' I said, 'I got you baby.' While I'm pulling her out, this person rams the gas to where the tires are spinning," Marquez said.
Naomi's family members say they were shouting and banging on the car when the driver pulled forward into the driveway -- running over the little girl a second time.
The driver told police he heard the shouts -- but didn't realize he had hit anything.
Naomi died at the hospital.
"If you paused, why didn't you just put it in park? But no, he went forward. He slammed it," Marquez said.
A fundraiser was held on Sunday, August 10th for Naomi's mom, who hasn't been able to work since the incident.
The 16-year-old boy who hit Naomi hasn't been criminally charged. Police have called Naomi's death a tragic accident.
"They say it's an accident. It's not an accident. I'm sorry. This was not an accident. The first time yes, but not going up the driveway with all three of us," Marquez said.