NEW BERLIN, N.Y-- A family heartbroken after their son, Jonathan Mayzak was struck by a car on Friday crossing the road to the Unadilla Racetrack.
His family chose to take him off of life support Sunday morning.
"Just before 9 o'clock the troopers were working in the area of Unadilla Sports Center because there was a major Motocross event going on. So they were alerted to a subject who had been struck by a car that was on route 8." said NYSP Troop C Captain Scott Heggelke.
The driver, 31-year-old Edward Burnett of Utica was driving down Route 8 Friday evening when he struck Jonathan. Troopers later determined that Burnett was impaired and charged him with DWAI.
"I was about to start walking, he said hold on and grabbed me and said, there's a car coming. So he looked left waited for the car to pass, he looked right, there was no car coming behind that that we could see. He took two steps out., he got hit. It was so close, I tried to grab him, I had his shirt in my hand. The car barely missed me, It had no lights on and there was just nothing we could do, on impact he was gone," said Matthew Mayzak, Jonathan's Brother.
The family set up a memorial at the site of the incident. Jonathan's father told NEWSChannel 2 that it was the lack of safety precautions that got his son killed.
"You know these cars zoom by here at 50 or 60 miles an hour. And our son got hit and he got killed because of there were not the proper safety precautions in my opinion," said Brian Leachmen.
A toxicology report of the driver won't be complete for another few weeks.
The District Attorney's office said that they are waiting to get the full facts of the Investigation before increasing the charges.