Lawyers say child's death was not drunk driver's fault

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VERSAILLES, Ky. (WKYT)-Alfonso Diaz-Diaz was met by protestors in a Woodford County Courtroom Monday for his preliminary hearing.

"Crimes from illegal aliens are 100-percent preventable," Luis Pozzolo, a legal immigrant turned US citizen said, following the hearing.

Pozzolo was one of a small number of protestors outside the Woodford County Courthouse, hoping to raise awareness and cause change.

"Of course when you come, like in my case, you come here legally, you follow the process, you follow the laws and you become an American citizen. It's an honorable process," he said.

Pozzolo and the others sat in the courtroom as Alfonso Diaz-Diaz's preliminary hearing got underway. Diaz-Diaz is accused of driving drunk the wrong way on Versailles Road last month, slamming head on into a car carrying 6 family members.

Five year-old Blake Cohorn, who was in a booster between his parents in the front seat, died in the crash. His parents were both rushed to the hospital with serious injuries.

Diaz-Diaz's attorney, Brian Darling, argued there's no proof any of the family members we wearing seatbelts and that the Cohorns were negligent for having a small child in the front seat.

But a judge still found probable cause in the manslaughter case.

While it is recommended for children under the age of 12 not to ride in the front seat, it is not against the law in Kentucky.

Regardless, protestors say after a public intoxication charge and two charges for driving without a license in Jefferson County, Diaz-Diaz should not have been in the United States.

'A five-year-old Kid got killed because we didn't enforce our laws, we didn't send this person back home when he got arrested a couple of times."

Diaz-Diaz's case will move on to the grand jury. His bond was raised from $250,000 to $500,000 because he is considered a flight risk.

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