LOUISVILLE, Ky. (WHAS11) – A 4-year-old has died after being struck by a vehicle near Kroger Field on Saturday.

Family members say Marco Lee Shemwell passed away at UK HealthCare’s Kentucky Children’s Hospital Monday afternoon.

Police say Marco was standing on the side of the road when he was hit by 18-year-old Jacob Heil, the driver of the vehicle.

Court documents say Heil smell like alcohol, had bloodshot and watery eyes and showed signs of impairment of field sobriety tests.

Marco’s family has asked for privacy during this time.

It’s unclear if Heil’s charges will be upgraded. He'd been charged with DUI.

Officials with Alpha Tau Omega say Heil had recently pledged to the fraternity.

The released a statement late Monday:

“We join the community in keeping the young boy in our prayers. Officials with the ATO national office are touch with members of the chapter and university officials as we seek to determine details of what happened before the accident. ATO can confirm Jacob Heil pledged to the chapter earlier this week, but has been suspended.”