Family upset driver involved in fatal wreck wasn't charged after refusing blood test

VILLA RICA, Ga. — A family wants answers after officers didn't arrest the driver who hit their loved one as he crossed a road.
 
The family says the driver refused a blood test and still wasn't arrested.
 
Anthony Washington, 60, died after he was hit crossing Highway 101 near West Bankhead Highway in Villa Rica July 26.
 
"She should have seen him. She should have seen him," Washington's niece, Natasha Ellison, told Channel 2's Tom Jones.
 
She wants justice. And so does her mother who is Washington's sister.
 
"I'm not gonna let her get away with it," Betty Lay said.
 
"This is the point of impact here," Ellison said, showing Jones where her uncle was hit.
 
The driver hit Washington as he was almost across the road just before 10 that night.
 
Washington's family is angry because Georgia State Patrol didn't arrest the driver. They say a trooper told them he didn't smell any alcohol on Washington or the driver.
 
"We didn't find a reason to hold her so we let her go," Lay says the Trooper told her.
 
The incident report also indicates the trooper asked the driver if she would submit to a voluntary blood test.
 
The driver declined.
 
"A man was killed. But for her to refuse a blood alcohol drug test, I don't know it's just no justice," Ellison said.
 
GSP says Washington darted into traffic away from a crosswalk. Troopers say the driver did not violate any traffic laws. And since she wasn't impaired she wasn't arrested.
 
Washington's family says they won't know if she was impaired without a blood test.
 
"They should have investigated a little bit more than they did," Ellison said.
 
"It's just not adding up," Lay said.
 
Attorney Jackie Patterson said an officer can ask for a blood draw when there's a fatality and can get a warrant to force the driver to give up their blood if they refuse. But he said that's totally up to the officer.
 
Washington called his Ellison right before he died. Ellison regrets not stopping what she was doing to pick him up.
 
"But the thing about it we can't intervene with God's work," she said. 
 
His family says they will continue to fight for justice.