07/23/2014 08:25 EDT | Updated 09/22/2014 05:59 EDT

Andrew Leduc's family upset no charges laid in fatal hit and run

The family of a Langley man killed nearly a year ago in a hit-and-run accident is frustrated and angry with the justice system after being told by Surrey RCMP that no charges will be laid in the case.

Last August, Andrew Leduc, a 37-year-old father of three young children, was hit and killed by a semi-truck on the Surrey side of the Langley Bypass around 3 a.m. PT. while walking in the curb lane.

The truck driver, a civilian expert and consultant that RCMP and other law enforcement agencies use to assist in traffic investigations, didn't stop.

Now nearly one year after Leduc died, police are telling his family no charges will be laid against the driver.

His brother  Adam Leduc says it's hard to take.

"I  was pretty shocked I was pretty angry," he said. "I can't see how you can hit a guy like that, leave him lying in the street to die and continue on and no charges whatsoever, not even a traffic ticket."

Leduc says Surrey RCMP told him they did a re-creation of the accident using a police officer dressed in the same clothing and determined that at that time of night, his brother, walking where he was, would not have been visible and the driver may not have been aware he hit anyone.

The detachment conducted an investigation and so did the Office of the Police Complaints Commission. Both investigations found the driver was not criminally responsible, nor was there anything to indicate to investigators he was driving recklessly or carelessly.

"After a comprehensive and thorough eight-month investigation, Surrey RCMP tentatively found that no criminality existed on the part of the driver involved in the collision," said RCMP Sgt. Dale Carr in a statement.

"In early July 2014, the OPCC confirmed the Surrey RCMP’s tentative findings of no criminality on the part of the driver.  A final report by the OPCC is pending and will be sent in the coming weeks."

Family losing faith in justice system

Adam Leduc says it's hard to believe.

"My brother went from the curb lane on the eastbound side of traffic and landed four lanes across the highway in the westbound lane of traffic. So for the driver to say he didn't feel the impact to send a 220 pound man four lanes across the highway, doesn't make any sense," he said. "I don't get it. That's a blatant hit and run and leaving an accident."

Leduc says the family has lost faith in the justice system.

"Being employed by the Surrey RCMP,  hitting my brother in Surrey, now being investigated by Surrey RCMP and now at the end we have no charges whatsoever. So this guy can go on vacation and shake the stress of the whole incident if he wants, and my brother is laying in the ground dead, and nothing."

Leduc says investigators have promised a sit down interview to explain the findings of the investigation but he says unless there's charges, the family won't have any closure.