JACKSON, Mich. — "They don't want to do anything, they don't want to help us, nothing. While my baby lays in the ground, she can still walk with hers."
Brandon Walker's mother Jessica is frustrated that the driver who hit and killed her son eight months ago isn't being charged with a crime.
Walker crashed his car on I-94 in Jackson County last year.
He was hit and killed when he got out of the car on the side of the highway.
His family doesn't think it's fair that the person who hit him gets to walk free.
"She’s able to play with her kids, have fun with her kids, and joke around with her kids, because she's still got them. It's not affecting her whatsoever which is not fair," said Amy Bean, Brandon’s Stepmother.
It was dark and rainy when Brandon was killed last November...Jackson County Prosecutor Jerry Jarzynka says his death was a terrible accident.
“In order to authorize a criminal charge you have to have evidence to prove a case beyond a reasonable doubt,” he said. “If you don't have that evidence you can't charge, and we don't have the evidence to charge a crime in this particular case."
Despite the office's decision, Brandon’s family says the driver who hit him should have to pay some sort of price.
"Otherwise what's to stop anyone else you know?" his dad Eric said.
"I just don't understand how someone can kill a person and get nothing.” said his Mother Jessica. “Now we have to suffer because my baby's dead."
At this point, the Walkers are pinning their hopes on a ticket.
State law allows police to write one up to six years after an accident.
Brandon's family says if that's as long as it take to get some sort of justice, then so be it.
"I’ll pursue this as long as it takes until someone finally acknowledges it," said Bean.
"Until they give us some true answers, we're not going to stop," said his Grandmother Karen.
The Walker family asked the Attorney General's office to review the case; they feel like there may have been a conflict of interest somewhere along the way.
The prosecutor tells News 10 that's not the case.
The woman who hit Walker stopped at the scene and called 9-1-1 immediately.
Two passers-by -- one of them an off-duty Plymouth Township police officer -- also stopped and performed CPR until an ambulance got there.
Walker was pronounced dead at Henry Ford Allegiance Hospital.
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