Tearful Christmas for family of Encinitas toddler - CBS News 8 - San Diego, CA News Station - KFMB Channel 8

Tearful Christmas for family of Encinitas toddler

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Juan Andres Ruiz Juan Andres Ruiz
Zenaida Ruiz Zenaida Ruiz

ENCINITAS (CBS 8) - For one North County family this has been a very difficult holiday season.

The parents of three-year-old Juan Andres Ruiz spent their Christmas at his gravesite. Andres was killed when he was struck by a car on November 1 in Encinitas.

"I miss him a lot. I have too many memories from him," said Zenaida Ruiz.

The memories are all Zenaida Ruiz has left of her son, Andres.

Mom made sure she brought all of Andres favorite things to celebrate Christmas: tamales, his favorite cookies and even his favorite nativity set.

"It's really hard for me, because I don't understand why he is here, why his body is here, why he no stay with us at home to celebrate Christmas," continued Ruiz.

It's been nearly two months since Andres was struck and killed by a car in Encinitas. Zenaida was catching the bus on the morning of November 1, on her way to take Andres to preschool when the accident happened.

Officials initially believed the driver, Agustin Morales, was under the influence. But no DUI charges were filed because his blood alcohol level was .029.

Morales pleaded not guilty to four misdemeanor charges in connection with the deadly accident.

But the mother of two says she is still angry at Morales - angry he's alive and her son is not:

"Because he says he no saw us why he no saw us we're three people walking there."

Not a day goes by where Andres isn't thought of or remembered, and his mom's toughest challenge will be explaining what happened to big brother to Sebastian.

Zenaida's only wish is to touch him one last time:

"It's really hard for me to say goodbye. I can't."

Zenaida says her family is buried in hospital bills because Andres was rushed to the emergency room from the accident scene. At this time, she is unsure how they will pay those bills.

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