MOUNT PLEASANT, TX (KSLA) – In a 911 recording, back on November 13, 2008, Jerry Braddock says he is the one who brushed into 43 year-old Timmy Justice.
Justice was killed on West Ferguson Road, in Mount Pleasant, Texas.
It's an accident that has pitted Justice's family against the Mount Pleasant Police Department. The family says detectives failed to do a thorough investigation.
"From day one we should have been inside of a courtroom," said Tammy Justice Dixon, Timmy Justice's sister. "Something should have been done."
Tammy says she can accept an accident, but she believes her twin brother was killed by a driver who was under the influence.
On the 911 tape, you can here Jerry Braddock saying, "Man's been hit on a bicycle. I brushed into him when I pulled out of my driveway, but another guy came behind me and knocked the hell out of him."
Although the 911 tape indicates that Braddockk brushed into Justice, the Mount Pleasant Police Department has maintained that Justice ran into the side of Braddock's truck, and was thrown onto busy West Ferguson Road, where he was hit by another vehicle.
Now, Tammy is out for exactly what their last name spells: justice.
"I just believe that my brother was pushing his bicycle on the side of the road, like he said, and I believe the man just didn't see him and he came out of his driveway too fast, and he knocked my brother in the road," said Tammy.
She also tells us that police shook her questions off, and never followed up with her brother while he was alive in the hospital; four months after the accident.
But Mt. Pleasant Police say that's not true, and now it's the police department up against one woman's crusade.
Tammy says in order for her to get answers, she began investigating her brother's death on her own, and collecting information she feels will help her case.
And now nearly two years later, this past August, Jerry Braddock was indicted for intoxication of manslaughter by a vehicle.
"I wasn't surprised, because I already knew," said Tammy.
But police say they had to wait for blood tests from the state lab, that took nearly a year to come back and get into the hands of the district attorney.
Mt. Pleasant Police Chief Jay Burch would not go on camera with KSLA News 12, but he did tell us his department did what they were suppose to do, and that is investigate, collect evidence, and send it to the state lab; which he says ultimately led to the indictment.
The family has moved forward with a lawsuit against Braddock filed this past week.
While the family says no amount of money can bring Timmy back, they want closure.
"I promised him before he died I would find out what happened, and I did," said Tammy.