GONZALES, LA (WAFB) - A Gonzales woman who lost her child in a car crash nearly 19 years ago has learned the man responsible never went to prison.
The case has landed on the desk of the Louisiana State Attorney General.
"This is my daughter Brittany Deville. She was eleven weeks old at the time of her death," Rachel Deville said.
On July 31, 1994 Rachel Deville and four others were driving down Airline Highway in Gonzales when, according to a report by Louisiana State Police, Stanley White rear ended the car they were in. White's Blood Alcohol Content was a .09, which was under the legal limit at the time of the crash. Deville said her daughter was rushed to the hospital but did not survive.
"They did brain scans and they told us she had no brain activity," Deville said.
Deville said she had to find strength for her family.
"It was hard. But I had to start thinking about my son," Deville said.
White was arrested and charged with negligent homicide. He later pleaded guilty to a reduced charge of negligent injury. A judge found White guilty on December 11, 1995 and sentenced him to 24 months of hard labor at the Louisiana Department of Corrections.
"I just thought he was taken in. He was serving his time. My family and I moved on," Deville explained.
Seventeen years later, 23rd Judicial District Attorney Ricky Babin said an assistant district attorney who was acting on a tip from the Ascension Parish Sheriff's Office noticed White's multiple appeals had been denied and that he never served his time.
Babin said he filed a motion on July 19, 2011 to have White report to prison. A judge ordered White to turn himself in to the sheriff's office. But according to the Department of Corrections, White never did. Babin said he has handed the file over the Louisiana Attorney General's Office.
"One of our former assistant district attorneys 19 years ago may have some information to add, may be called as a witness so we didn't want to get into a conflict so we transferred the case out," Babin explained.
Babin said the attorney general will decide whether a warrant can be re-issued for White's arrest.
"That's all I'm asking is for him to be incarcerated for two years, 24 months, his original sentence for my daughter, for justice for her. She deserves that," Deville said.
A spokesman for the Louisiana Attorney General's Office said they are reviewing previous court minutes and orders to determine the history of the case and the appropriate course of action.