LAS VEGAS (FOX5) – Six years ago, a 6-year-old Las Vegas girl was hit by a car while trick-or-treating on Halloween.
The driver didn’t stop and was never caught. Now 12-year-old Brazyl Ward’s parents are coming to terms with the fact that they may never get their day in court. The statute of limitations on their case ran out three years ago.
"Why does it get to a point that it's like no ... we don't even want to pursue what's going on,” said Tiffany Ward. “It doesn't make sense to me."
Brazyl was walking across the street with her family and had stepped off the sidewalk when a driver hit her. They claim the driver was driving well above the speed limit. Her father performed C-P-R until help arrived. She survived but now lives with mental and physical disabilities.
"Statutes of limitation is kind of a general principal of our criminal law system. And it means after a certain amount of time is run, you can’t normally be prosecuted for that offense," said defense attorney Adam Solinger.
Solinger said not all hope is lost however. He would argue the statute should not go into effect until a suspect was identified.
“I think if they were to find the person they’re accusing of doing this or the perpetrator I think an argument could be made that the statutes of limitation doesn’t run until they knew or should of known who it was,” Solinger said.
Brazyl was in the hospital for months. At one point she was in critical condition with a severe brain injury.
She had to relearn the alphabet and simple math. She has since began walking on her own without braces.
While the Ward family struggles to understand how a person has not come forward, they’re using their energy to help their daughter’s condition improve and advocate for child safety.
Tiffany and Brandon Ward founded their own nonprofit, DreamSAFE Project, which helps families going through trauma.
On October 26, the nonprofit will hosting Brazyl Ward’s Halloween Safe-Tacular, a safe space for kids to celebrate Halloween.