BAKERSFIELD, Calif. — A Bakersfield grandfather is accused of driving into a stopped train while he was drunk and his 7-year-old granddaughter was unrestrained in the back of his van.
Eleouardo Lopez is facing three misdemeanor charges -- including D.U.I. and willful cruelty to a child -- as well as driving without a license after a crash on October 20, 2018. He is also charged with failing to having a child safely restrained in a vehicle.
According to court documents obtained by 23ABC News, Lopez was driving on the highway around 9:45 p.m. when he collided with a stopped train at a crossing, despite the crossing arms and lights being activated. Witnesses told police the train had been stopped for more than an hour.
The documents show Lopez's granddaughter was sitting in the rear cargo area of his van, unrestrained. Police say the van does not have a rear seat and that Lopez's granddaughter was sitting alongside "heavy industrial equipment." After Lopez's van hit the train, the equipment hit Lopez's granddaughter, injuring her, according to the documents.
When police interviewed Lopez at the scene, officers reported a strong odor of alcohol. Toxicology results revealed Lopez's blood alcohol content at the time of the crash was 0.184 percent, more than twice the legal limit of .08 percent.
Both Lopez and his granddaughter were taken to Kern Medical by ambulance for medical treatment.
The charges were filed on March 20, but Lopez has yet to be arrested.