A Jersey City police officer accused of drunkenly causing an accident that killed a 2-year-old boy last week will face a civil lawsuit in addition to criminal charges.

Samuel Davis, an attorney representing the family of Carlos Zelaya, says the Zelayas are suing Kevin Freibott, 39, for the wrongful death of Jose Carlos Zelaya. The boy died January 27, four days after Freibott allegedly drove drunk and crashed his Jeep Cherokee into the Zelayas' vehicle on the Pulaski Skyway. Davis says Freibott was traveling at 90 MPH and had a blood alcohol content three or four times the legal limit. Ruth Zelaya, the boy's mother, was in the back seat at the time of the accident and remains in a coma. The family, which lives in Honduras, came to New Jersey with Carlos for a two-day business trip.

The Jersey City Police Department suspended Freibott without pay. At the time of the accident, he had been on sick leave for 10 days. Police say Freibott has a prior DUI conviction and multiple license suspensions. He has been charged with aggravated manslaughter, assault by automobile and driving under the influence. He was released after posting bond.

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