Drunk Driver Victim's Family Looking for Justice

Zachary Wagner was sentenced to 10 years in prison last april for killing 32 year old Sean Sims. That sentence was reduced to 5 years for good behavior, but Wagner could be released in two weeks. This is a story Fox 7 has been following since Sims died June 18, 2005. We were there with the Sims family when Wagner was sentenced in April. Now that justice his parents knew a year ago may not mean anything because the man who killed their son could walk free by the end of the month. "That strectch of road has a lot of crosses on it a lot," says Debbie Sims. But one tattered cross means more to Jim and Debbie Sims. Its the cross that marks where their 32 year old son Sean died two years ago this June. "Sean was my rock....and I dont have that anymore," says Sims. He was killed by a hit and run drunk driver along State Road 545. His parents say they got some justice when the man who killed their son was sentenced to 10 years in prison. That sentence was then reduced to five years for good behavior. "I dont think five years is too much," says Jim Sims. But Wagners lawyers do. Theyre asking for him to be released from jail now - barely serving one year. "Kind of a slap in the face," says Jim. The couple says he was given a sentence and he should serve it. "Hes not going to get another chance Zachary will." They say he can get that chance after five years in jail - not just one. Debbie and Jim say the judge will make a decision in two or three weeks. They say the possibilty of Wagner walking is even worse because due to an error in the department of corrections Wagner hasnt even been in prison - where he was sentenced to. Hes been sitting in the spencer count jail since the accident almost two years ago.