The father of a toddler struck by an oncoming car when he ran out in front of it has been arrested for retrieving a gun and shooting at driver of the vehicle.

The California Highway Patrol said the driver stopped after unintentionally hitting the 2-year-old boy, who was taken to a hospital with major injuries that he could not survive, KMPH reported. Family members identified the boy as Benjamin Zepeda.

The incident took place on Highway 33 in Stanislaus County at about 8:30 p.m. on Tuesday. Elvis Zepeda and his son were on the shoulder of the highway near a food truck when the boy bolted into the roadway. His father ran after him, but a northbound vehicle struck the child, and the driver immediately stopped.

Zepeda retrieved his handgun from his own car and started shooting, striking the vehicle but not the driver.

Zepeda was charged with attempted murder, possession of an illegal firearm, and possession of a controlled substance.

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[Featured image: Elvis Zepeda’s arrest/California Highway Patrol. Inset: Benjamin Zepeda/GoFundMe]