Family of Oak Lawn man killed after DUI says police didn't properly test driver who killed Murod Kurdi
CHICAGO (CBS) -- A plea for justice for Murod Kurdi.
He died from his injuries after being hit by a car outside his Oak Lawn home.
The driver admitted to drinking earlier but was allowed to leave the scene with nothing more than a ticket.
Officers said she didn't show any signs of impairment.
Now as CBS 2's Charlie De Mar reports, Kurdi's family accuses the police department of preferential treatment and is calling for stiffer charges.
The 28-year-old was hit by a car in front of his Oak Lawn home in June. He died days later.
"I would like to see justice," said Fadia Muhamad-Murod, Kurdi's mother.
The driver, Leanne Cusack, was charged with failure to reduce speed to avoid an accident, a minor infraction. She is not facing charges connected to Kurdi's death.
"I think there should be no confusion whatsoever that this investigation, for whatever reason, and we will get to the reason, did not go the way it should have," said Kurdi family attorney David Petrich.
According to police reports, one of the officers smelled a slight odor of alcohol, and Cusack admitted to "drinking a beer and a shot of tequila prior to the crash."
She refused a breathalyzer and chemical testing. As a result, Cusack's license has since been suspended.
Leanne Cusack's choices to drink and drive cost my son Murrod his life and changed mine forever," said Muhamad-Murod. Members of the Oak Lawn Police Department didn't think Murod's life mattered."
Cusack's attorney acknowledges that his client drank before the crash but said she was below the legal limit.
So why did Cusack refuse to take a breathalyzer?
"A lot of people don't believe in the breathalyzer. We recommend not taking the breathalyzer if you've had one drink. We don't believe the breathalyzer is 100% accurate," said attorney Robert Olson.
The Oak Lawn Police Department said they didn't have probable cause to arrest Cusack for DUI.
"Bloodshot watery eyes, slurred speech, and difficulty maintaining balance were also absent," according to the police report.
"The officers were very thorough. They saw that there was a slight odor of alcohol on her breath. They gave her an HGN test. She passed that test. My client was not impaired. She didn't do anything wrong," Olson said.
The Oak Lawn Police Department has concluded its investigation. The Oak Lawn Police Department added that it did not do an alcohol blood test on the driver.
An outside accident reconstructionist estimates that Cusack drove about 27 miles per hour. The speed limit is 25.
The Kurdi family has filed a civil lawsuit.