Family of 9-year-old boy who lost mother, grandfather in St. Pete tow truck crash seeking justice

The family of a 9-year-old boy who lost his mother and grandfather in a crash with a tow truck driver is seeking justice. 

Up until Wednesday, Daylan Desence had been a patient at All Children's Hospital since October 15, 2024, when the crash happened.

RELATED: 2 killed, child seriously injured in tow truck crash: SPPD

Pictured: Daylan Desence. 

The backstory:

Daylan was in the car with his mother, 35-year-old ShaKesha Desence, and his grandfather, 72-year-old Dilean Desence, on their way home from a dentist appointment when they turned in front of a tow truck on 5th Avenue South, near 20th Street South in St. Petersburg

But according to the crash report, the tow truck driver, George Aponte, was on his phone and traveling at an estimated speed of 60 mph in a 35-mph zone. ShaKesha and Dilean were killed. 

"They were listed as like a Jane Doe, John Doe, because the car was so badly mangled from the impact of the vehicle," said Deon Desence, the child's uncle and now caretaker. 

Pictured: ShaKesha Desence. 

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What they're saying:

Daylan was left in critical condition. 

"You had a normal kid, and now he's got all of these challenges, he's in a wheelchair now due to his hip being broken in the accident," he said. "It's been extremely hard. Me, having no kids and now inheriting my nephew who has an extensive amount of injuries due to the accident."

Deon said the 9-year-old has also suffered emotional distress.  

Pictured: Dilean Desence. 

"He's heartbroken," he said. "He misses his mother. He misses his papa. Sometimes he even says, 'Uncle Deon, I don't understand why God let me live and didn't let me go be with my mother and my papa.'"

READ: Car involved in Monday night hit-and-run that killed two children and critically hurt mother found: SPD

Dig deeper:

No criminal charges or traffic citations have been filed at this time. The St. Pete Police Department said the case is in the hands of the State Attorney's Office. 

Pictured: Crash scene in St. Pete from back in October. 

Okoye Morgan, an attorney at The Black Law Company, is representing the family. 

"Due to his speed, two lives were lost. And one life, a young boy, is trying to recover," he said. "We're hoping the State Attorney's Office moves forward with making sure justice is served for the family."

The other side:

Court records show Aponte has a checkered driving history with at least six traffic citations in the past five years. FOX 13 reached out to Aponte's attorney but did not receive an immediate response.

The Source: The information in this story was gathered through interviews with the 9-year-old's uncle and the family's lawyer as well as previous FOX 13 News reports. 

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