David Cote, 54, of Santa Ana, who was arrested for DUI after a traffic collision that killed his 6-year-old nephew, Ivan Sandoval, in Santa Ana died in a hospital Tuesday night, the Orange County Coroner’s Office said, according to the O.C. Register.

He had been driving a BMW with his nephew Ivan Sandoval in the front seat, but not in a booster seat that was in the back of the car as required by law, when they were t-boned by a Nissan around 12:40 p.m. Monday on St. Andrew Place near Bristol Street. The boy died a short time later at UC Irvine Medical Center in Orange, according to the OC Weekly.

35-year-old Nissan driver Armando Cruz of Santa Ana was booked on suspicion of felony driving under the influence of alcohol, according to Cpl. Anthony Bertagna, the Santa Ana Police spokesman. But after initially surmising Cote did not properly yield the right-of-way–thus causing the collision–crash investigators are now trying to determine whether Cruz was speeding, said Bertagna, who added the Nissan driver has a prior conviction for driving under the influence and could face murder charges based on what the investigation uncovers according to the OC Weekly.

The family of the two accident victims has started a GoFundMe account to raise money to pay for their funerals.

David Cote and his nephew Ivan Sandoval were in a tragic accident that took both their lives. David was a hard working, loving, caring father who provided for his wife, nephew and mother. Ivan who was to turn 7 next Sunday was a funny, bright and loving child who was taken too soon.

We are asking for help. We are graciously accepting any amount you can give. The money you give will go to the expense of a double funeral service.

The family would like to thank all who donate and all who have been supportive throught out this tough time.