FAIRFAX, Va. (WAVY) — Kesha Bruington of Hampton will not get the justice she wanted in the death last year of her son.

Gregory Bruington, 30, of Newport News, was pulled off to the side of the Capital Beltway changing a tire in the early morning hours of March 10, 2024, with his girlfriend, Hailey Frazier, in the passenger seat.

Carlos Nunez Morales, 26, had already been convicted of DUI five years before. He drove his Dodge Ram pickup into Gregory Bruington, killing him instantly. Frazier suffered a broken neck and fractured spine, according to Kesha Bruington.

State police suspected Morales was intoxicated, but they say he refused a breathalyzer. He was transported to nearby Inova hospital for a blood draw to determine whether he was intoxicated.

What happened next is the reason why Morales will not go to trial on the initial charge of DUI manslaughter, Kesha Bruington said she learned late last week. The case will end with a plea bargain because the blood evidence would not stand up in court.

“The EMT who drew the blood was not certified,” Bruington said in a Tuesday interview. Virginia Code lists how a blood test for suspected DUI must be performed, and who can do it.

Bruington heaved a sigh before saying, “Now I just feel like they ripped the Band-Aid off again, and the wound is just as fresh as the day we found out that he was killed.”

Bruington said she got suspicious at an earlier hearing in December when the defense attorney questioned the EMT about the blood draw, her methods and training.

“[The EMT] kept saying, ‘I don’t know how to tell you.’ She said, ‘I opened the box and I read the directions and that’s it.'”

Kesha Bruington found out Friday Nunez Morales will plead guilty to manslaughter, but not to DUI, and there will be no conviction for what happened to the love of Gregory’s life. And instead of a potential three to 10 years behind bars, “his defense attorney offered for him to spend two years and 11 months in jail,” Bruington said. “I was at least hoping for 10 years.”

Kesha Bruington said authorities never explained why there was no breathalyzer at the scene of the crash.

“That would have helped, even if we lost the blood draw,” she said.

Virginia State Police responded Tuesday afternoon after researching the case.

“The subject was offered and refused all tests at the scene,” State Police said in an email to 10 On Your Side. “A search warrant was executed at the hospital to draw the suspect’s blood. There are circumstances where a breathalyzer might not be done at the scene. The suspect may refuse. If the suspect is being checked out by rescue or being transported, sometimes it cannot be done. Physical impairments can also prevent a breathalyzer from being done on scene. Breathalyzer tests done ON THE SIDE OF THE ROAD are also not admissible in court.”

Meanwhile Kesha Bruington said true justice for Gregory is out of reach.

“I just feel like the whole system failed,” she said.

Gregory Bruington was an Army veteran and graduate of Bethel High School.

“I just am so incredibly proud of him, and I will continue to advocate on his behalf,” his mother said. “I just want people to know that it’s not OK to drink and drive. The pain is insurmountable. It walks with me every day.”

The plea agreement will become official next week once it is finalized in court. 10 On Your Side reached out to Inova Hospital and the Fairfax County Commonwealth’s Attorney’s Office and they did not immediately respond.