A grieving parent of a 7-year-old child died hours after being hit by a car, allowing him and his brother, 10, to be charged with involuntary homicide, who were unaccompanied from a nearby grocery store.

Jessica Ivey and Samuele Jenkins were charged for two days after their son legend's death for injuries in the rural North Carolina town of Gastonia on May 27. The 76-year-old driver will not face any charges.

Food Lion shop is two blocks from their home. Parents said that when the children asked to meet their father in the store, the children were with their mother and she allowed them to leave, according to the Gaston Gazette. The brothers had to cross the busy four-lane road but tried to walk between the crosswalks.

Witnesses told WSOC-TV Gastonia that the legend entered traffic as his brother tried to stop him.

Jenkins said he was on the phone with his eldest son when the kid was hit.

"I heard my eldest son yell, 'Legend, no!' So I hung up, I just ran to find them," he told the local TV station.

Two days later, Gastonia police arrested parents who were detained for a deposit of $1.5 million.

"In this case, adults must be held accountable for their own responsibilities to ensure a safe environment for their children," police said in a statement.

Gastonia police declined to comment to NBC News, but said in a statement: "There is no evidence of speeding or wrongdoing by the driver and no charges were filed. The driver continued to cooperate and the incident is still actively investigated by the Transportation Department of the Gastonia Police Department."

The parents' public defender did not respond to Wednesday's request for comment.

Mother Ivey said before arresting WSOC that this was the first time she had the kids walking alone.

"It's just devastating, I'm still shocked, I'm shocked," she said. "It's hard, I haven't stopped crying; my husband hasn't stopped crying. Honestly, I want justice for my children."

Williams was in her car in the summer and witnessed the event. She told WSOC that the legend apparently didn't realize the oncoming traffic and then jumped into the street to surprise his brother, who tried to stop him. Williams said she comforted the child until the paramedics arrived.

“Even at night, I still see his face,” she said. “Just let him know that someone is there, he is not alone.