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'My kids should have never been down here,' said dad of children in Nassau crash

By Action News Jax
By Action News Jax

NASSAU COUNTY, Fla. — A judge on Wednesday granted a father custody of his daughter and the remains of two boys who were killed in a crash on Saturday.

The court hearing was held Wednesday morning in Nassau County.

In 911 calls, witnesses said driver drank before deadly Nassau crash

The woman driving the vehicle, Tonya Capallia-Eason, appeared in court. She didn't answer questions by Action News Jax reporters.

"Emotionally and mentally, I'm just ripped apart," said the children's dad, Andrew Lee Bird.

A judge granted Bird temporary emergency custody of his daughter. He and Capallia-Eason have been locked in a custody battle for years. Capallia-Eason will not be allowed on hospital property when her daughter, Nina, is released to Bird.

The Florida Department of Children and Families testified that Capallia-Eason admitted in the hospital that she had several drinks before driving. There were eight children in the car at the time of the crash. Their two sons, Nicholai and Nehemiah, died.

Photos: Two boys killed in Nassau County crash

Bird said he was pursuing custody in Michigan, but Capallia-Eason brought the daughter and two boys to Florida.

“As of a result of all the proceedings in Michigan, I was awarded full, sole and legal and physical custody of all three kids," Bird said.

He said a Florida judge ruled in her favor.

“My kids should have never been down here," Bird said. "It’s impossible to put it into words."

Community members are raising money in support of the Bird family.

Bird's seven-year-old daughter is still in the hospital recovering.

“She’s doing well, physically, mentally and emotionally. It’s going to be a long road,” Bird said.

Bird said he will have the last say for funeral arrangements. He said the boys will be buried in Michigan.

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