Even though the suspect was arrested, jailed, and bonded out, he did not show up for his court date and has not been seen since.
The victim's family thinks a mug shot mix-up may be to blame.
Mother's Day weekend 2012 was the last time 35-year-old Angela Gray celebrated with family and friends.
Eyewitnesses say a drunk driver blew through the intersection of Lawson Street and Alston Avenue, t-boning the passenger side of the vehicle Gray was traveling in.
The driver fled the scene and was later arrested and charged with DWI and felony hit-and-run. He posted bond just before Gray died from her injuries.
"Why would he even get a bond knowing how critical she was...knowing what kind of state she was in?" Gray's husband Juan Smith said.
The $25,000 bond, while within the range for the offense, was at the magistrate's discretion.
When the driver was a no-show in court, another warrant for arrest was issued.
Gray's family says they have received no updates from Durham police.
"We've called, we've sent emails, we've reached out , we basically get ignored," Smith said.
So the family grieving the mother of five children turned to the ITeam. ABC11 reviewed court records and found out that the case is now dismissed with leave, meaning it is on hold in the court system until the suspect is caught.
Another piece of information ABC11 found could explain why.
An order arrest for Miguel Cruz Castillo, the alleged drunk driver that killed Gray, shows a black man.
"That's not Mr. Castillo," mother Rostella Smith said. "That doesn't look like him."
The chief magistrate of Durham County says it is unclear how the mug shot mix-up happened. Durham police say officers issuing arrest warrants usually use photos from databases. It is unclear which photo officials are using to track down Castillo.
Meanwhile, the family waits for answers.
"I feel like if he did this one time and got away with it, he will certainly do this again," Rostella Smith said.
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