"It should never be the responsibility of a grieving family to hold prosecutors and detectives accountable, but here I am fighting for my son when the law refused to fight for him," said the victim's mother, Angelena Rosales.
His family is now demanding the San Bernardino County District Attorney's Office reconsider filing charges in the case.
Rosales was hit by a 57-year-old driver while walking across Pacific Street on July 21, 2024. The driver was allegedly under the influence at the time.
"He was the heart of our family. His laugh his energy his love. He made everything brighter and now without him there is this unbearable emptiness," said the victim's sister, Carena Rosales.
The San Bernardino District Attorney's Office told Eyewitness News the case was declined due to a lack of evidence to prove guilt beyond a reasonable doubt.
However, the Rosales family believes critical evidence was never collected because San Bernardino police officers did not conduct a field sobriety test at the scene.
"They failed to gather basic, standard evidence that could have supported a prosecution," said the victim's sister. "Evidence that would have made all the difference, according to the supervising DA Adam Pierce."
The family has hired private investigator and victim advocate Moses Castillo, a former LAPD detective, to examine the case.
Castillo said he submitted new evidence to the district attorney's office last month, including surveillance footage from a Ring doorbell camera shows the suspect speeding just before the crash. A police report also confirmed the driver tested positive for methamphetamine.
"There is plenty of evidence to support criminal felony charges on a misdemeanor level - that is vehicular manslaughter," Castillo said.
The family also pointed to the suspect's criminal history, which includes prior drug-related offenses, as a factor that should have been considered.
"This was not an isolated mistake, it was a pattern of endangering others. She got to go home that night, my son did not," said Rosales mother.
The family says is calling on the D.A.'s office to file criminal charges before the statue of limitations runs out in two weeks.