ST. JOSEPH COUNTY, Ind. -

The family of a man struck and killed by a teenager late last month has filed a wrongful death suit.

Police believe a 17-year-old Niles boy was driving the car that hit and killed 49-year-old David Fordyce on State Road 933 near Auten Road in St. Joseph County the night of March 24.

Police say the teen admitted hitting Fordyce while Fordyce was trying to direct traffic around another pedestrian who had just been hit and killed.

A test shows the teen had drugs in his system around the time of the hit-and-run.

Fordyce's family has filed the wrongful death suit against the teen driver and his mother.

He is being held at the St. Joseph County Juvenile Justice Center, but his family and lawyer have argued for his release, saying he's not a flight risk.

However, the prosecutor told a judge the teen left the scene of an accident and is a danger to the community.

The judge in the case decided the 17-year-old should remain in custody.

A hearing scheduled Monday to decide whether he should be tried as an adult has been delayed until April 25.