Hit a 4yearold boy killing him was this this car charging his cell phone. This afternoon family and friends came together to celebrate a birthday. Police say a 12yearold boy got in a family car in the parking lot. Preliminary investigation shows a 12yearold was in the car apparently charging his phone. Unclear the car was running at that time but somehow it went in to reverse. The car backed over a 4yearold boy. The Police Station across the street. And the officers tried to give the child cpr but couldnt save him. A 13yearold boy was also hit and suffered minor injuries. The 12yearold boy in the car suffered minor injuries. We asked if he may face charges. At this time it is a preliminary investigation. Everything right now points to a tragic accident. Reporter a tragic accident that turned celebrating a milestone in to mourning. Police are not commenting whether the 12yearold who hit and killed the 4yearold if he was related to that boy. Reporting live in benicia, marianne favro, nbc