A former San Antonio police officer who was convicted of driving while intoxicated last year will be back in a court room Tuesday morning.
Attorneys for Winder Morales will try to convince an appeals court to overturn the former officer's drunk driving conviction.
Morales was convicted of the 2009 DWI last May and sentenced to 3 days in jail and 6 months of probation.
In November 2009, Morales was driving an unmarked, city owned car while off duty when he lost control and ran into a traffic barrier on Highway 90.
The accident was just one in a long list for the one time Officer of the Month.
Three years before that crash, Morales was involved in another accident that killed 25-year-old Rodney Brandenberger.
Morales was speeding to a low priority call when he a ran a red light at the intersection of Military Drive and Somerset and plowed into Brandenberger's truck.
A police accident review board determined Morales violated department policy and recommended an indefinite suspension but Morales appealed and got a 10 day suspension instead.
"This is just one more attempt to get out of responsibility for his actions," said Cindy Merrill, Brandenberger's mother. "They immediately appealed (the verdict). He didn't have to go to jail or anything. They just took his finger prints there and filed an appeal bond so he has not suffered any of the consequences for his actions still."
Morales racked up a total of five accidents while working at SAPD. He resigned shortly after the 2009 DWI accident. The conviction cost Morales his peace officer's license. Cindy Merrill believes he wants that conviction over turned so he can get his license back and get another job behind the wheel of a patrol car.
Merrill doesn't think Morales should ever be able to be a cop again.
"Absolutely not. If it wasn't for bad judgment he wouldn't have any at all," Merrill said. "Five accidents while he's on duty, kills somebody and then he still made a conscience decision to drink alcohol and get behind the wheel of a city owned vehicle and drive under the influence. No, he has no judgment, no business being a police officer."
Merrill believes overturning the conviction would send a terrible message to a city struggling with a serious drinking and driving problem. And she's not alone.
Mothers Against Drunk Driving is also pushing for the conviction to stand.
"Just because you're a police officer doesn't make you different from everyone else," said Sandra Ledesma, a victim advocate at M.A.D.D. "We just need harsher punishments for these people that are out here drinking and driving."
Oral arguments are set to start Tuesday morning in the 4th court of appeals. Merrill and Ledesma will be there to watch the arguments.
"I certainly hope that they will affirm the trial court's decision and that will be the end of it," Merrill said. "He'll have to suffer whatever punishment is in store for him."