>> and then layed in that road hoping somebody was going to run over him. >> reporter: for sandy, much doesn't add up. she says her son would have been too afraid to walk alone in the middle of the night. if he had car trouble, sandy says he would have used his cell phone, which was found on his body to call for help. >> he was literally left on the side of the road like a piece of trash. >> reporter: mike hem lap is sandy smith's lawyer. he too believes her son was murdered, and here's why. >> being hit by a car is a brute and violent act and you would have lots of injuries all over your body. i've never seen a hit and run where the shoes remained on the feet. >> reporter: evidence shows stephen's loosely tied shoes were still on his feet. it's not just stephen's family who have doubts. audio included in the case file shows even the lead investigator at the time didn't believe this was just a hit and run.