A 22-year-old Rio Grande City man accused of driving while intoxicated ran a red light before t-boning an SUV on Aug. 25, killing two people, including a toddler.

The McAllen Police Department arrested David Garcia Jr. after the accident that happened around 2:44 a.m. Sunday in the 800 block of North 10th Street.

The accident killed 2-year-old Patricia Vargas and 52-year-old Alma Patricia Rodriguez and sent seven others to hospitals with serious injuries, police said at the time.

Garcia is charged with two counts of intoxication manslaughter and seven counts of intoxication assault.

He remains incarcerated on a total of $420,000 in bonds.

A Texas Department of Transportation crash report states that Garcia was driving southbound on North 10th Street in a black 2008 Chevrolet Silverado when he crashed into a gold 2007 Dodge Durango driven by 30-year-old Luis Andres Cordova.

That report also shows that the toddler killed in the accident was not restrained by a child safety or booster seat and was ejected from the vehicle.

Of the nine people in the vehicle that night, six were not restrained, including Rodriguez, who died, a 1-year-old, 3-year-old, 17-year-old and a 19-year-old.

The Monitor has been unable to obtain a probable cause affidavit from Hidalgo County for Garcia’s arrest.

On Tuesday, the Hidalgo County District Attorney’s Office requested a Texas Attorney General’s opinion on whether the agency has to release the document, which contains information about minors.

In that brief, Hidalgo County Assistant District Attorney Vito Chavana argues that the document is not subject to the Texas Public Information Act because information about minors is protected by Texas Family Code and because the DA’s office believes it can withhold the document because it pertains to an investigation into the death of a minor and injury of two minor children.

The Monitor has already identified everyone who was in the SUV that night, including the other minors, and has only published the names of the victims and driver of the vehicle.

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