Reporter: Lauren Compton l Videographer: Dan Heffner
Lynchburg, VA-A 21-year-old woman will not serve any time behind bars for a fatal hit and run death in Lynchburg.
Kristina Ayala was charged with felony hit and run last year for the death of 65-year-old James Haythe. A judge did sentence her to 12 months in jail, but suspended all of it.
Haythe's daughter calls the sentence a slap in the face. Haythe's family feels no justice was served.
But, there were a lot of issues that played a factor in this sentence.
"Nobody feels our pain. I mean 30 days, 90 days, nothing happened. My granddaddy is not coming back," said Jasmine Haythe, victim's granddaughter.
Ayala admits to running over James Haythe with her Jeep Cherokee then driving off. But, at the time of the accident, the early morning hours of December 23rd, Haythe was lying in the road with.39 blood alcohol content.
Haythe's family just wishes Ayala would have checked to see what happened.
"If she would have stopped, I don't think we would be here. That would have brought us to closure. We would have known for sure she was sincere, she has a heart," said Ashley Haythe one of victim's granddaughter.
Ayala expressed her regret in court reading a letter and asking for forgiveness. At times, she could hardly speak because she was sobbing.
"I did feel her remorse. But again, it's not going to bring him back. I think they sat up in there and made excuses for her," said Jasmine Haythe.
Haythe's family believes Ayala got a lighter sentence because of defense testimony. A psychological expert testified Ayala went into shock after hitting Haythe, a sensory overload that confused her to the point she wasn't sure she had even hit anyone.
"It felt like ok once you left and you recognized what you had done, that whole accident part left the scene when you left," said Ashley Haythe.
As their questions linger, now, everyone involved hopes to get beyond this deadly accident.
"We'll get past it. It just takes time. Time heals all," said Ashley Haythe.
The judge explained today that this sentencing was not about murder but is about Ayala "failing to report" or stop after the accident. Ayala will have 24 months of supervised probation. She will also have to pay restitution to Haythe's family.