KYLE, Texas (KXAN) — The family of the Kyle hit and run victim says the Hays County Sheriff’s office failed to do its job. This comes after they learned a deputy pulled over to help a crashed truck this weekend and missed that their son was laying in a ditch nearby after being hit by that truck. The body of the man was found in the ditch the next morning.
The Department of Public Safety released the victim’s identity on Monday as 32-year-old Michael Delaney May Sr.
According to DPS the deputy that pulled over to help the crashed truck didn’t know that the truck had hit anything and the Hays County Sheriff’s department confirms that its deputy did not write a report Saturday night.
“It makes me angry to know that my son could possibly be alive, but they just didn’t do what they were supposed to do,” said the victim’s father Royce May. “For seven hours he was sitting there, or lying there and just, they just didn’t do their job.”
May’s family says he was walking along Goforth Road heading home Saturday night. It was late, but he told his parents he would be there by midnight and they say he usually sticks to his word, but midnight came and went.
“I said okay, he’s not here, there’s something wrong,” said May.
May immediately went out searching for his son but didn’t find him. However, he did see a deputy working a crash just down the street from his home.
“It didn’t really dawn on me what really happened, I just saw a truck in the ditch and that’s it,” said May.
The victim’s girlfriend says she also went out searching for Michael and saw the same crash his father did. “I wasn’t thinking he would be in a ditch, I was looking for him walking and I saw the truck and I saw the cops and they were just talking to the driver,” said Michael’s girlfriend Mollie Pardo.
May says he drove back by a few times and even saw another truck show up to pull the car out of the ditch and drive home. Investigators say the truck that crashed was actually the truck that hit and killed Michael. The driver, 22-year-old Tony Ponce-Zamora, didn’t say anything to the deputy.
“He lives right down the street from me, so either way I go it’s just going to be memories, one way is the person who killed him and the other is where he died at,” said Pardo. “Why didn’t they go down the road and see what made him go off the road if they would have found him he could still be here.”
The Hays County Sheriff’s Department says the deputy had no reason to believe the truck hit a man and was only there to help. Because of that, the deputy didn’t write a report, something the May family says should have been done.
“What happened was a tragedy and it’s not so much that people need to pay for this tragedy, but it just needs to make sure that something like this doesn’t happen again,” said May.
According to the sheriff’s office, a report wasn’t taken because the deputy didn’t see any indication of damage to others or property, so the case was handled as a “motorist assist.” The sheriff’s office says those do not require a report.
The crash investigation is now being handled by DPS. The Hays County Sheriff’s Office says it is doing its own internal investigation.