FF12: Why hasn't anyone been charged in Evan Brewer's death?

WICHITA, Kan. (KWCH) Three-year-old Evan Brewer is remembered by family as a boy with a big smile and a love of Batman. His stepmother shared a video with FactFinder 12 that shows Evan and his brother jumping and playing together in the hopes his memory will live on.

The family wants Evan to be at the forefront because they're still waiting. No one has been arrested or charged in Evan's death.

On September 2, police said they were called to a home on South Vine in the morning because a landlord smelled something strange. He had evicted tenants Friday night and was cleaning the place. Police said that day, they found Evan's body in a concrete structure inside the home.

Evan's mother, Miranda Miller, and her boyfriend, Stephen Bodine were renting the home. There had been disturbances there before with Evan's father, Carlo Brewer and his wife, Sara Brewer.

Video Sara Brewer gave to FactFinder 12 shows Carlo at the home in a yelling match with Bodine. Police said Bodine had a hatchet and slashed the Brewer's tires. He's since been arrested and charged with aggravated assault and criminal destruction of property. He pleaded not guilty to both counts and waived a preliminary hearing Thursday.

Miller was also arrested and sits in jail charged with aggravated interference with parental custody. Bodine had the same charge but was released on that specific charge without prejudice.

Both are in jail in cases that have to do with Evan but neither have been arrested or charged with his death.

Wichita Police say they're still investigating the case. A spokesman said officers are making sure every detail is examined and investigators are still working to form a case. He said when that is complete, the case will go to the District Attorney's Office.

DA Marc Bennett confirmed he hasn't seen the case yet on his desk. He said he's been talking with investigators and knows some of what's going on, but he can't charge a case if he doesn't have it yet.

He said there are still some pieces of the case that aren't in investigators hands. He said the toxicology report from the autopsy isn't back yet. Those reports, he said, can take months to complete.

In the meantime, the Brewers are fighting to keep Evan's memory alive and on the minds of Wichitans. FactFinder 12 has obtained dozens of documents that show the Brewers fought hard to help Evan whether it was by calling the Department for Children and Families or police. FactFinder 12 found police and DCF tried numerous times each to contact Miranda Miller in reference to Evan.

The Brewer's family attorney, Shayla Johnston, told FactFinder 12 she believes it was the custody courts that failed Evan. Now, the family is hoping he'll get justice soon.