LAS VEGAS (FOX5) -- The family of a man who was killed after being hit by an impaired driver is reeling from the news that the person responsible could serve no more than 8 years in prison.

Police said Kevin Rasperry was impaired while driving and was charged with second degree murder which carries a minimum sentence of ten years in prison. 

The Nevada Supreme court ruled that defendants like Rasperry could not be charged with second degree murder.

He will face a charge of felony DUI Death instead.

“I think it’s absurd. You can’t say you didn’t intentionally hurt someone when you intentionally walked to your car, intentionally opened the door, sat down, put the keys in the ignition, took it out of park and into drive. You have to be held accountable for your actions,” said Misha Escobia, daughter of Marcial Escobia who was killed in the crash.

The public defender's office supports the court’s ruling and said the law was not changed, it was just clarified.

“That’s why we have this order. Essentially what the court was doing was not making new law. It was simply stating what the law is,” said David Westbrook, Clark County Chief Deputy Public Defender.

The Escobia family said they will lobby lawmakers to change the law so people like Rasperry are held accountable for their actions.

“I feel like it’s too lenient and it’s very upsetting. I am shaking as I am talking right now,” said Escobia.

Copyright 2020 KVVU (KVVU Broadcasting Corporation). All rights reserved.

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