Bicyclist Vilhelm Hesness was killed July 11 when he was struck from behind by a sport utility vehicle, which later flipped over, near the corner of Manchaca and FM 1626. Now, more than eight weeks later, the Texas Department of Public Safety has given virtually no indication as to how it will handle the case. The accident report, the only data released thus far, noted that "failure to control speed," on the part of the SUV driver, 43-year-old Richard Alan Lee of Austin, was a contributing factor. DPS spokeswoman Lisa Block said the investigation won't proceed until Lee's blood toxicology test, taken on the day of the incident, is completed by the DPS crime lab. Bicycling advocates and those close to Hesness are frustrated with the delay and say the case reinforces the perception that local authorities fail to deliver justice to drivers who injure or kill law-abiding cyclists. "We're very concerned about the delay of this investigation. It should be treated as expeditiously as any other crime," said Robin Stallings, executive director of the Texas Bicycle Coalition, adding that the tragedy is further evidence that Texas needs a bicycle safe-passing law. "It seems like if you're not driving drunk and you don't flee the scene, you get a free pass to run over cyclists." Block said the typical DPS lab backlog is about six weeks, and further delays depend on workload and the priority of the case. Results are expected this week, she said.