Toddler's family wants answers from APD

ALBUQUERQUE (KRQE) - A 14-month old Albuquerque boy critically injured in a car crash this week died Thursday at UNM Hospital. Brandon Lucero died of head trauma after he was taken off life support.

The toddler and his twin brother Ryan were both properly strapped inside a vehicle that was hit hard from behind by an SUV Tuesday afternoon near Morris and Constitution in Albuquerque. Ryan Lucero remains hospitalized but is expected to be okay.

The family spoke publically just hours after Brandon passed away on Thursday. They are looking for answers from police as to why the man driving the SUV hasn't been arrested yet.

"Nothing has been done to him," Charlane Mendez, grandmother of the twins, said. "He's hasn't been arrested for anything and I want a felony warrant issued for him. He took my grandbaby from me."

Police said that driver is suspected of being high on drugs. Police did obtain a warrant and drew blood from the driver following the crash.

They said that rather than arrest the man responsible at the scene on Tuesday, they needed more time to build a stronger case against him with stronger charges.

"If someone is cited for failing to keep a look out - basically hitting someone from behind - and that person dies, [that person] can go to Metro Court and plead to that citation and (that person) can never get charged with a homicide because that's double jeopardy," Albuquerque Police spokesperson Nadine Hamby said.

The case for higher charges hinge on the results of toxicology results. It can take up to 10 days to get blood test results. Police also wanted to see if the toddler would survive the crash.

Since Brandon Lucero died, authorities can now pursue vehicular homicide charges as opposed to lesser charges. Police say that justice will be served. But, that's not quick enough for a grieving family.

"I want him to be caught to pay for everything he's done to my daughter and my grandbabies," Mendez said.

Police do expect the driver will be arrested within the next few days when toxicology tests come back. Police do not believe he is a flight risk.