HILLSDALE COUNTY, Mich. — The family of a 16-year-old who was killed by a drunk driver is furious about a plea bargain given to the man behind the wheel.
Braxton Petrie died in Hillsdale County in June of 2018.
The family said that Hillsdale County failed them and they are willing to go whatever length to get this wrong righted.
"We were failed.I feel like Braxton was failed. It was heartbreaking," Ashley Wolcott, Petrie's mom, said.
Wolcott said the plea bargain was a heartbreak all over again.
"They had all the evidence they needed to take this case to trial and at the last minute offered a plea, which on several occasions we were told by Mr. Brady there would be no plea offer," Wolcott said.
Seth Magda, 21, was allowed to plea "no contest" to a charge of operating a vehicle while intoxicated.
In exchange for the plea, prosecutors dropped charges of second-degree murder, reckless driving causing death and voluntary manslaughter. Wolcott said that's not enough.
"I feel like he should have fought harder for Braxton. It's terrible, I don't even know how to describe the emotions you feel everyday," Wolcott said.
For the family, fighting hard would mean a jury trial that will no longer happen.
"All of the evidence isn't going to come out the whole story isn't going to come out and at that point I believe Braxton that's what he deserved," Wolcott said.
Magda's plea carries a maximum prison sentence of 15 years. The prosecutor won't answer questions about the deal and told News 10 it was a proper plea and the right call and that Magda admitted to the crime he committed, but the family sees it differently.
"He didn't admit to it. He plead no contest. That's not admitting that you did wrong," Angie Petrie, Petrie's step-mom, said.
Now they're trying to go over the prosecutor's head.
"I'll take it all the way to the supreme court. I've already started planning protests. It's going to get ridiculous,"
Magda's sentencing is Aug. 12. The family also has a civil case pending against him.
Magda is being held without bond in the Hillsdale County Jail. His "no contest" plea is not an admission of guilt, but it's treated that way for sentencing purposes.
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