A 2-year-old boy was hit and killed by a Waste Management recycling truck and we've learned the driver of that truck still hasn't taken a sobriety test.
The Maricopa County Sheriff's Office is preparing to wrap up the investigation without those results.
The driver was advised by Waste Management's attorneys not to take a sobriety test and it looks like he won't have to.
The situation is heartbreaking -- the child was struck and killed as his siblings played in the family's front yard.
"This child was in the roadway, trying to pick a cactus out of his foot," said MCSO Lt. Brandon Jones.
Jones says detectives believe the driver, 41-year-old Bernardo Hernandez, was not impaired while backing down a long, dirt road.
"There's a lot of different elements that aren't adding up to impairment as an issue and we're telling this to the driver and Waste Management from the get go," said Jones.
According to MCSO, the driver cooperated when deputies arrived on scene, but Waste Management's attorneys showed up and told him not to take a sobriety test. Then the driver's attorneys refused to make any further statements. A lead detective with 32 years experience found the situation unusual.
"His quote to me was he has never had a commercial company invoke their rights on this.. never.. and so the underlying opinion is that there may be something here that they don't want out or something.. the bottom line is we're here to provide closure to this family, closure to this case," said Jones.
The Sheriff's office will not get a court order for a blood test because they have no probable cause to believe he was impaired.
Waste Management gave FOX 10 this statement:
"Waste management expresses our sincerest, heartfelt condolences to the family involved in yesterday's tragic accident in Maricopa county, Arizona. We are cooperating fully with the Maricopa County Sheriff's Office and other local authorities on the investigation"
According to MCSO, no statement was ever given to detectives and they don't expect to get a sobriety test.
We asked Waste Management representatives if Hernandez will face any disciplinary action and they have not responded.
At this point, the driver is not facing any charges.