SAN ANTONIO -- As the San Antonio Police Department conducts an internal affairs investigation into a suspected drunken driving accident involving one of their own, the family of a man killed by the same officer three years ago said they saw this coming.

"It just confirms what I've always been saying, he needs to be off the force," Cindy Merrill said.

In May of 2006, Merill's 25-year-old son, Rodney Brandenberger, was driving home from work when his pickup truck was stuck by Winder Morales, who was responding to a call without his lights and sirens on. Morales was speeding at 73 mph when he ran a red light and broadsided Brandenberger's truck.

Brandenberger died 12 days later, two weeks before he was to marry his high school sweetheart. His groomsmen served as his pall barriers.

An investigation revealed Morales had been involved in a handful of on-duty accidents prior to the one that killed Brandenberger. Even so, Morales was given a 10-day suspension and returned to duty.

"(It was) A very horrible judgment call, and I think today's incident speaks for itself," Merrill said. "He has certainly demonstrated he does not have good judgment and makes rash decisions and evidently does not learn from his mistakes, and still he's allowed to continue to be out there on the streets."

At around 5 a.m. Friday, police said Morales was behind the wheel of an unmarked police car when he struck a traffic barrier at Highway 90 West and General McMullen. Officers responding to the crash smelled alcohol on Morales and attempted to give him a sobriety test, which he refused. He was arrested for DWI and placed on leave.

"I will tell you that misconduct will not be tolerated within the San Antonio Police Department. We will investigate this case thoroughly and swiftly," said SAPD spokesman Sgt. Chris Benavides.

According to Benavides, Morales was off-duty when the accident occurred, adding he had been off-duty for several hours.

That raises the question, why was he driving a city owned vehicle? Benavides said he could not comment on that aspect of the case or Morales' past history.

Last year a grand jury failed to indict Morales on manslaughter charges for Brandenberger's death. His family sued the city for wrongful death and settled out of court for an undisclosed amount of money.

Merrill said neither Police Chief William McManus or anyone with the city has ever apologized for her son's death. Merrill said she hopes this will be the last accident Morales is involved in as an SAPD Officer.

"I'm hoping that they finally terminate him from the Police Department," Merrill said. "I don't think someone with that poor judgment deserves to be a police officer here or in any department."