A Moore police officer, who is accused of killing a high school student in a crash back in December 2019, was scheduled to be in court Thursday.
However, within the last three hours the family was notified the preliminary hearing will be rescheduled again.
Family said this is the fourth time the date has been moved.
While they are trying to be understanding, they are frustrated.
Moore High School Senior Emily Gaines was on her way to take the ACT when the off-duty officer crashed into her at 134th Street and Sooner Road, according to investigators.
Family said they will remain patient because they will be Emily’s voice in court.
"She had a big heart. She loved to help people. She was involved in school a lot, Latin, Choir, Drama. She volunteered at church every week. She wanted to major in special education to help kids," said Dana Gaines, Emily’s mother. "I know God has a plan, but I also know that it could have been avoided."
Emily was 18 years old and an only child.
She was known to be ambitious and kind, even on the day of the wreck.
“7:30 in the morning. She was on her way to take the ACT at the high school. She wanted to increase her score even though she had been accepted to OU,” her mother said.
Oklahoma City police were the investigating agency and reported that 13-year veteran Moore Police Officer Kyle Lloyd was speeding in his personal car when he hit Gaines and caused her vehicle to roll.
Gaines mother saw a post about the fatal wreck on Facebook, then checked an app on her phone to see her daughter’s location and rushed to the scene.
“I got in my car and drove up there," said Dana Gaines. "I didn't even wake my husband."
The City of Moore said they cannot comment on the case because of pending litigation.
A recent lawsuit filed by family states that Lloyd was driving to assist a fellow officer at a Chick-Fil-A who had locked themselves out of their police vehicle.
The fellow officer was helping with a 'Shop With A Cop' event that was going on.
Those documents accuse Lloyd of going over 90 in a 50 miles per hour zone.
Emily's family argues that Lloyd was acting "under color of law" because he was helping a fellow officer and that makes the department responsible.
Emily's parents said the anguish of losing their only child is a pain that will not fade with time. They said they want justice, no matter who the defendant is.
“I just don't want her to be forgotten. I don't want this to just disappear and never be spoken of again,” said Dana Gaines. “She was our daughter, and we want her remembered.”
Family said there is a chance Lloyd's hearing could be moved again.