Family upset with police probe into mother's death

May 9, 2013 12:35:41 PM PDT
Family members of a woman killed in a car accident in which her boyfriend was driving are upset. They say he isn't being charged properly for what he did.

Linda Huynh wants justice for her mother, Kathy.

"My mom is my Number 1. And it's me and then I have four brothers -- that's all we had. And I have to bury her. I was in the hospital with her for nine days," Huynh said.

On April 9, Kathy and her boyfriend, An Ly, had been out eating crawfish at a southwest Houston bar. Witnesses say at around 1:30am, Ly, who was driving, hit a tree at Bellaire near Fondren. But police say instead of helping his gravely injured girlfriend, he ran.

"I want him to pay for what he did. I want people to know what he did to my mother," Huynh said.

Even though he was suspected to be drinking, Ly's only charged with failure to stop and render aid, a third degree felony, and not the more severe intoxicated manslaughter charge. Prosecutors couldn't talk about this case specifically, but say generally, it's a problem whenever a suspect runs.

"The intoxication aspect, as far as that investigation is concerned, is many times lost because of the fact that a person decides not to remain at the scene and allow police to do an investigation," Assistant District Attorney Daniel Werlinger said.

Court records show Ly wasn't found until hours later and Houston police say they had no probable cause to conduct a blood draw at that time, making any alcohol-related charges difficult.

But the failure to stop charge carries a penalty up to 10 years in prison. And that's what Huynh wants for her mom.

"I want the jury to give him the maximum time," Huynh said.


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