FRESNO, Calif. (KFSN) --A photo of Deshaun Mitchell shows he is getting better. He's been in recovery for months-- still learning how to walk on his own and waiting for a second surgery to remove pins from his leg.
"Oh, he's healing. He's fine-- truly. Trying to get back to his usual self," said Shawnnika Peters, Deshaun's mother.
On January 22nd, the day before Deshaun's 9th birthday, a hit-and-run driver slammed into him at California and Pottle in Fresno and shattered his femur. After a 3 week search, officers arrested Danny McClain. Police said his SUV and scuff marks on the fender matched witness descriptions. On top of that, he was in violation of probation. Investigators said he was in possession of meth and cocaine.
Fast forward to Monday-- the District Attorney's Office decided to drop the charges against McClain. Peters said she was there in court when it happened.
"It was disgusting. He was laughing, his mother was laughing, the lawyer was laughing-- having a good time, like he got away with it."
The DA said there just wasn't enough evidence to prove McClain was behind the wheel.
Sgt. Mark Hudson said he's still a suspect and investigators aren't ready to give up.
"It's still open, we're still investigating it and we're asking for the public's help in getting this case put together."
For now, Peters said there is no justice. She's hoping more witnesses will come forward to get the driver who injured her son off the street.
"If not my child, it could easily be yours. Just thank God that my son is alive."
Detectives are looking for more information that will close the gaps in this case-- specifically information about the driver. If you saw anything that day, police could use your help.