Family believes charges against driver should be enhanced

CHICAGO (WLS) -- A family says a drunk driver killed a mother, when she was walking to church Sunday morning.
Rosa Hernandez, 69, was hit in the 800-block of West Roosevelt Road in Chicago's South Loop about 6:40 a.m., family and police said.
Her daughter said Hernandez, a mother and grandmother, was heading to Mass with her husband, when the SUV hit her.
Chicago police say the driver kept going.
Tammie Chaffin, 36, of Chicago was later taken into custody nearby, and has been charged with misdemeanor driving under the influence of alcohol in connection with the deadly crash.
Chaffin was also cited for failing to avoid a pedestrian, failing to reduce speed and operating an uninsured motor vehicle.
She's next due in court Sept. 4.
Hernandez's family is pushing for justice and searching for answers.
"I can't believe she's gone. She's a beautiful person. She's been there for so many people," daughter Claudia Fuentes-Peña said.
Fuentes-Peña said her mother and father had been married nearly 50 years.
Hernandez had recently just started going to Saint Francis of Assisi Church on the Near West Side, joining her husband, who has been going there.
The couple retired a few years ago, after working together in a factory for nearly five decades. They both came from Mexico, and still have relatives and friends there.
"I'm hurting from my kids, hurting from my wife. My father-in-law is in pain," son-in-law Julio Peña said.
They're wondering why the driver is not facing more serious charges.
"I'm very angry that she wasn't charged for murder because she did murder my mom," Fuentes-Peña said.
In a statement, the Cook County State's Attorney's Office said, "After a thorough review of the available evidence, we concluded that it was insufficient to meet the burden of proof required to file felony charges related to this incident. We are open to reviewing any new information provided by law enforcement."
Chaffin has not responded to a request for comment.
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