A North Texas Fort Worth family is expressing disbelief and anger over the criminal case against a man accused of causing a deadly wrong-way drunk driving crash that killed one person and injured two others.

The suspect, Gary Morton, a Canadian national who was reportedly injured in the November crash, did not appear in Tarrant County District Court on Wednesday. Through his attorney, Morton asked the judge to allow him to remain in Canada to receive free healthcare.

NBC 5 has been following the case since receiving a tip questioning Morton’s whereabouts after a potential discrepancy was discovered in his address on file.

The possible error may have affected his release and could complicate his return to Fort Worth, where he faces charges of intoxicated manslaughter and intoxicated assault.

Morton’s defense attorney, Dan Haygood, appeared in Tarrant County court and told Judge Andy Porter that his client was not present. Haygood said he spoke with Morton before the hearing and was told Morton has not yet seen an orthopedic surgeon in Canada for injuries he allegedly suffered in the crash.

Prosecutors allege Morton was driving drunk and the wrong way in Fort Worth when the crash occurred, killing 22-year-old Totiana Samuels, a mother of two, and injuring her sister and a co-worker.

Haygood told the court that Morton was released from Harris Hospital and “put out on the street” with no connections to the area and left because he was “free to travel.”

Haygood said that while Canada has free healthcare, there are delays in getting medical appointments. He asked the court to allow Morton “time to heal” before requiring him to return to North Texas for court proceedings. Haygood also listed the injuries Morton sustained and said his client needs assistance to move around. Morton is scheduled to see a surgeon on Monday, according to his attorney.

The Tarrant County District Attorney’s Office argued against any delay, saying there is no justification for postponing the case further. Judge Porter agreed with the state but did not set a specific return date.

Totiana Samuels’ aunt, Dorothy Carey, expressed heartbreak and frustration in a statement to NBC 5.

“He was able to run back to Canada, but now suddenly needs medical sympathy – while my niece is gone forever, and another niece’s life is changed forever,” she said.

“Accountability matters,” Samuels added.