On July 23, 2023, Eight-year-old Javier “Javi” Velez had his life stolen from him after a drunk driver smashed into his family’s vehicle while he slept peacefully in the backseat. On July 23, 2025, van der Veen, Hartshorn, Levin & Lindheim, the family’s legal team, were present outside the Tropicana Atlantic City hotel, supporting the family as they paid tribute to Javi on the two-year anniversary of his tragic and untimely passing.
“We’re here today to pay tribute and remember the life of Javier,” Attorney Michael van der Veen told NBC10 Philadelphia. “And we’re here to tell Atlantic City bar owners and the world that everybody who gets into a car: Do not drink and drive because you’re going to kill somebody.”
The Crash That Took Javi’s Life
Edward Johnston, who is currently serving 15 years in prison, became intoxicated at the Tropicana Casino’s Boogie Nights bar before crashing into the Velez family’s Honda Civic. At the time, Javi, his father, and his younger brother were on an early morning fishing trip. As his brother and dad packed up their gear, Javi crawled into the backseat to take a nap. Johnston crashed into the vehicle, with Javi inside, at 107 miles per hour.
Javi’s family has bravely been at the forefront of this case, speaking out every chance they get, not only about Johnston’s egregious behavior, but also the casino’s negligence in overserving him. With Javi’s ashes sitting on the table beside her at Johnston’s sentencing, his mother, Kaylah Smith, confronted him, saying, “My son is gone. You did this to him.”
A Family’s Grief, A Community’s Strength
The event marked yet another example of Javi’s family’s strength. Banners flew high above the Atlantic City boardwalk with a photo of Javi and the words, “Don’t Drink & Drive. Remember Javier Velez!” while loved ones, wearing t-shirts with Javi’s face, carried posters with sobering statistics, such as Javi being one of 12,429 people who were killed by drunk driving in 2023. There were cutouts, the hashtag #Forever8, and QR codes available to learn more about Javi’s case and how to spread awareness. Those in attendance wore pins with Javi’s face, each marked by a devastating phrase such as “My life was taken by a choice,” and “Justice for Javi.”
But most notably, were the testimonies of the beautiful life Javi led and the devastating impact his loss has had on his family and friends. Loved ones remembered Javi as a fun kid who was full of joy and love. He enjoyed fishing with his dad, had lots of friends, was extremely close with his cousins and younger brother, and had a huge appetite for life. He also loved baseball and playing games.
His loss has changed the lives of the Velez family forever. “I remember his smile, his laughter, his curly hair, and how sweet and helpful he was,” Javi’s mother told NBC10 Philadelphia. “I remember everything about my kid.”
Allegations of Concealed Evidence at Tropicana Atlantic City
On June 5, 2025, after Johnston’s sentencing, van der Veen, Hartshorn, Levin & Lindheim filed a motion to amend the complaint originally filed against Edward Johnston, Tropicana Atlantic City, Boardwalk Regency LLC and Ducktown Tavern Offshore LLC to include punitive and compensatory damages. The amended complaint alleges that the bartenders employed by Tropicana Atlantic City were not TIPS (Training for Intervention Procedures) and/or ServSafe certified, meaning the staff did not have proper knowledge of responsible alcohol service. In addition to an absence of industry-approved training, the amended complaint also alleges that Tropicana Atlantic City “concealed and/or destroyed evidence in this case,” signaling their attempt to dodge fault for Javi’s death.
Michael van der Veen alleges that the Tropicana disregarded a subpoena from the Atlantic County Prosecutor’s Office, which ordered them to provide video of Johnston at Boogie Nights from 10:00 pm on July 22, 2023 to 3:00 am on July 23, 2023, a little less than 30 minutes before the crash that claimed Javi’s life. The Director of Security for Tropicana Atlantic City allegedly attempted to conceal and destroy the video of Johnston. According to van der Veen, “Chunks of that video did not survive past 14 days before being deleted, totaling an hour and a half of missing video.”
Javi’s Legacy: A Call to End Drunk Driving
Like other children, Javi should be enjoying his summer vacation. But instead, his family is holding a remembrance rally in his honor. “If you’re ever thinking about drinking and driving, I want you to remember my son. His name is Javier Velez,” his mom told NBC10 Philadelphia. “He would still be here today if someone didn’t make that choice. It’s not fair that his life was stolen.”
Our firm recognizes that no amount of work we do will bring Javi back. However, we can hold these companies, whose egregious negligence led to his passing, accountable so this tragedy doesn’t happen again. Even one person deciding to call a Lyft or Uber instead of getting behind the wheel can spare an innocent life.
Our Commitment to Justice for Javi
van der Veen, Hartshorn, Levin & Lindheim is committed to securing justice for Javi and his loved ones. We won’t stop until these companies take accountability for their role in his death. We thank the Velez family for welcoming us to Javi’s remembrance rally. He will never be forgotten.