SAN ANTONIO – The family of a man killed in a suspected drunken driving accident just over two years ago wants to know why the driver who allegedly caused the accident has never been arrested or charged.
The KSAT 12 Defenders have been looking into that case and others investigated by the Bexar County Sheriff's Office that appear to have stalled or been significantly delayed.
Peter Castillo, 58, died Nov. 24, 2014. His grandson, Angel, was critically injured in the crash.
The 29-year-old female driver performed a roadside sobriety test in which she appeared unsteady on her feet. The Defenders are not identifying the driver by name, because she hasn't been charged with a crime.
The driver is accused of rear-ending Castillo's car on Highway 181 in South Bexar County. At the time of the crash, Bexar County Sheriff's spokesman James Keith indicated in an interview that BCSO investigators believed the driver may have been drunk when she caused the crash.
"At this time, we believe the driver who caused the accident was intoxicated," Keith said two years ago. "A blood draw did take place."
The official police report stated the driver had been "consuming alcoholic intoxicants and was operating a motor vehicle on a public roadway."
The report also listed two possible charges for the driver: Intoxication manslaughter for Castillo's death, and intoxication assault for the injuries caused to his 7-year-old grandson, who was ejected from the car as a result of the violent collision.
The report stated the suspect was taken to a hospital "for a volunteer blood draw and for her minor injuries."
Castillo's widow, Edna, and his four children told the Defenders they can't understand why the driver was never arrested or charged for the crash.
"Her life is going on while ours is struggling, and it's not fair. We want justice. We don't want this to happen to another family. We don't want this to keep going," Edna Castillo said. "Why does it take so long?"
Castillo's family said they've tried repeatedly to get answers from the investigator about the status of the case. Their questions have gone unanswered.
"All we get is that, 'It's under investigation,' and all we also get is, 'We'll call you back,'" family members said.
Even more troubling is that the report stated the driver admitted to a witness at the scene she'd been drinking.
"Even on the report itself, it says, 'Yes, I was drinking, but I'm not drunk,'" Edna Castillo said.
Upset with the slow progress of the case, Castillo's family filed a wrongful death lawsuit against the driver in June alleging she was under the influence when she caused the crash and seeking compensation for their loss.
Despite the long wait, Castillo's family members said they will not give up on their quest for justice.
"It's not right. We want justice. We want something done," Castillo said.
The sheriff's office declined to comment on the case or to address questions about why it has taken more than two years to make an arrest.
The Defenders began asking BCSO questions about this case several weeks ago. It seems to have got the ball rolling, because the case was finally filed with the Bexar County District Attorney's Office last Wednesday, one day before the two-year anniversary of Castillo's death.
The case is very similar to another alleged intoxication assault case the Defenders have been reporting on.
Peyton Grasso was critically injured in a crash in June 2014, which resulted in her leg being amputated. The driver in that case, Kaley Medina, wasn't charged or arrested for more than two years.
Medina was charged with one count of intoxication assault and one count of aggravated assault causing serious bodily injury, specifying the car as a deadly weapon.
When asked about the delays in that case, District Attorney Nico LaHood said he had serious concerns.
"I have questions why it took two years and a month. That bothers me. I'm going to be honest with you. That bothers me," LaHood said.
LaHood said he wants the justice system to be efficient and has plenty of questions for the Bexar County Sheriff's Office about the reasons for the delay in the Grasso case and others.
"I'm hoping to get some legitimate and some common sense answers, and if not, we're going to find out why and then we're going to put a plan in action working with the Bexar County Sheriff's Office to see how we can avoid this in the future," LaHood said. "Everyone deserves their day in court, from the victim and the families that have been victimized, to the citizen accused. I mean, it cuts both ways, and also the community deserves justice, in the sense that people that are accused deserve to have a case finalized."
The Castillo family said they weren't even notified the case had been filed until the Defenders contacted them.
They credited the Defenders for helping move the case forward and believe without our involvement they'd still be waiting for the case to progress.
It's now up to the DA's office to determine if the woman will be brought up on any charges.