A 6-year-old Berkeley boy whose mother was killed in a drunk driving accident, has also died following a crash in a residential neighborhood about two weeks ago.
Xavier Chavez died Friday at the hospital after being in a coma, according to Berkeley Police Sgt. Mary Kusmiss.
His mother, Milanca Lopez, a 22-year-old UC Berkeley student, died at the scene of the accident on May 18 at about 1:15 a.m.
The Cadillac she and Xavier were in was driven by her boyfriend, Jose Lumbreras, 24, of Berkeley. Police say at the time, his blood alcohol level was .219, nearly three times the legal limit of .08. Police say the Cadillac was traveling about 65 mph in a residential neighborhood at California Street near Allston Way, when it hit a traffic circle, went airborne, and landed, striking a tree.
The Alameda County District Attorney's Office charged Lumbreras with gross vehicular manslaughter while being intoxicated and five other counts. It's unclear if Xavier's death will result in more charges.
Xavier was wearing a seat belt in the back, but was not wearing a booster.
To see NBC Bay Area's report after the May 18 crash, click here.
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