GUTHRIE, Okla. (KFOR) – A Guthrie mom was killed, and now her family says the court system is failing them.
Thirty-four-year-old Mandy Gorsuch died after being hit by a truck while leaving a bar in October.
The man allegedly behind the wheel was a former volunteer firefighter who hasn’t spent a day behind bars and likely won’t have to.
Zachary Simmons is charged with one count of leaving the scene of an accident. The Logan County District Attorney says there is simply not enough evidence for a more severe charge.
“I don't think we are being handed anything fair here,” Debbie Hopson said. ”I am losing it!”
An Oklahoma family says they're at their wits end, as they still grieve the loss of Mandy Gorsuch.
The young mother died in late October after being hit by a truck while leaving a Guthrie bar.
Police say former Logan County volunteer firefighter, Zachary Simmons, was behind the wheel.
“We will not sleep until he goes to jail for a very long time,” Tara Hodges said.
But that hope could be fading.
Simmons is only facing one charge: leaving the scene of a deadly accident.
“We want murder two at the very least,” Hopson said. “Vehicular manslaughter or anything but fleeing the scene of a fatality.”
The court says its reason is there is not enough evidence.
“Zach quit drinking an hour before the time he left, and when he left he had no idea that there was someone injured for several hours,” defense attorney Scott Adams said.
But Simmons wasn’t arrested until nearly a week later after calling his attorney, Scott Adams.
“There was no criminal intent and no malice intent,” Adams said. “He didn’t do this on purpose.”
According to investigators, Gorsuch and her wife began arguing with Simmons and his girlfriend outside of Roosters Hard Times Club.
Simmons allegedly “flashed his badge” before “gunning the truck,” running Gorsuch over.
He told detectives, “Mandy was hitting his pickup and he pulled away because he was scared.”
“He took her life,” Hopson said. “Accident or on purpose, it doesn’t matter. He took her life with a vehicle and [is] still driving it today.”
Simmons, who never spent a single night in jail, still maintains his innocence.
The next time he will face a judge is in March when his trial begins.
"I feel totally confident once the facts are presented, Zach is going to stay home and be acquitted of everything,” Adams said.
“They went for the minimum, and we are just up in arms, and we don’t know where to go from here,” Hopson said.
Simmons’ preliminary hearing is set for March 31 at 2 p.m. at the Logan County Courthouse.