Md. Will Not Indict Officer in Car Crash

Mary Gray said she was summoned to Ivey's office Tuesday, the day before the anniversary of Brian Gray's death, to hear the news about Chavez's speeding ticket. It was written for 50 mph, or twice the posted speed limit on the Bowie road where her son made a left turn in front of the officer.

Gray said she is also troubled that potential evidence has never been analyzed. A black box recording device for the cruiser still sits in Detroit, where Ivey's office says software problems have prevented technicians from retrieving the record of Chavez's actions before the crash.

Maj. Andy Ellis, a county police spokesman, said officers who responded to the Dec. 10, 2007, crash followed state law in not testing Chavez's sobriety. Officers at the scene reported seeing no reason to think Chavez had been drinking. He said the police department will begin an internal investigation.

Gray said her lawyer has found that a page of nurse's notes about Chavez's condition when he arrived at Prince George's Hospital after the crash is missing.

An attorney not on the case, Terrell N. Roberts III of Riverdale, said that if Chavez had been asked whether he had been drinking and answered truthfully, a field sobriety test would have been given.

"If he had just been given a blood test, it would be different," Gray said. "It would have been some closure for me to know it was just an accident."

Staff writer Ruben Castaneda contributed to this report.