Law enforcement refuses to answer questions 3 months after deadly wrong-way crash involving deputy

HOUSTON, Texas (KTRK) -- Tuesday marked 95 days since 28-year-old Ricky Resendez Jr. was killed by a since-terminated Harris County Precinct 6 deputy constable.

Resendez Jr.'s family held a press conference at the Harris County Courthouse to mark the occasion. They told reporters they were upset that three months after his death, they have yet to receive answers in the case.

"We miss him every single day, and every day that passes by, we don't have answers; it's harder for us to have peace," Resendez Jr.'s sister, Brenda Resendez, said.

RELATED: Former deputy constable could face charges after warrant reveals details fatal wrong-way crash

A search warrant signed in September states that Resendez Jr. was killed by then Pct. 6 Deputy Constable Rigo Vivar.

The warrant states that Vivar told investigators he had cut around traffic and was driving the wrong way down Canal Street when he slammed into Resendez Jr.'s vehicle.

The warrant also states that an eyewitness told investigators they estimated Vivar was driving up to 80 miles per hour at the time of the crash. Resendez Jr. was killed at the intersection of North Live Oak and Canal Street in the Second Ward, where the speed limit is just 30 miles per hour.

According to the warrant, the same eyewitness told investigators that Vivar did not appear to have emergency lights activated at the time of the crash. Vivar, however, told investigators he had activated his lights at the time of the crash.

ABC13 has received conflicting reports from multiple sources inside the precinct regarding whether the white SUV Vivar was driving at the time of the crash is his personal vehicle or a Pct. 6 vehicle.

"There's just so much that we don't know," Brenda Resendez said.

The crash occurred one block from the home Resendez Jr. shared with his parents, siblings, and dog "Bambino."

Brenda Resendez said her brother, a University of Houston graduate, was coming home from work at the time of the crash. She said Bambino still waits at the door for her brother's return.

RELATED: Pct. 6 deputy, who is under investigation for fatal wrong-way crash, has been terminated: Officials

The warrant also indicates investigators are looking into possible criminally negligent homicide or manslaughter charges for Vivar.

At Tuesday's press conference, the Resendez family questioned why no charges have been filed.

"We've been very patient with the proceedings and the investigation as they continue, but we want to know what's going on," Brenda Resendez said.

Resendez pointed out what she feels is an unfair contrast in how her brother's death, at the hands of a then-Pct. 6 deputy constable has been handled, as opposed to the recent death of a Pct. 5 deputy constable and her daughter.

When Harris County Pct. 5 Constable Deputy Katherine Hutson and her daughter were killed Friday, the Houston Police Department arrested the allegedly intoxicated driver reportedly responsible on the scene.

Resendez said she does not know if Vivar was given a sobriety or blood alcohol test and questioned why he remains at home.

ABC13 visited Vivar at his home earlier this year. He cried, saying he would like to tell Resendez Jr.'s family he was "sorry."

13 Investigates filed approximately two dozen requests for records on the case, 18 of which were filed with Pct. 6.

While other entities, like the Texas Commission on Law Enforcement, provided those records within 24 hours, Pct. 6 has yet to grant a single request.

First, officials with the precinct replied to the requests, stating it would cost thousands to perform simple tasks. The cost estimates were unusual. Officials then escalated the matter to the state, claiming ongoing investigations shield them from releasing documents.

The state, however, ruled the exception of Pct. 6 claims does not apply to all documents requested by ABC13.

However, Pct. 6 is still refusing to release any documents, maintaining they are shielded by ongoing investigations.

"We're not going to forget. Every chance that we get we're going to question why things are taking so long. We're not giving up on this. This is not going to fly under the radar. This was my brother," Brenda Resendez said.

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