CHICAGO (CBS) — A heartbroken family, who lost their beloved daughter in a car accident two years ago, were led to believe they would finally get justice for her.

Instead, next week, the man responsible for her death will get just over a month behind bars.

CBS 2’s Charlie De Mar reports, the man who was driving that night will most likely spend just 40 days behind bars and 30 months’ probation.

The victim’s family says they’ve never had a shot at justice

“When the car hit the wall, it did three revolutions in the air,” said Dawn Tsirtsis, whose daughter, Jillian, was killed in a horrific wreck on Lake Shore Drive in September 2015.

Jillian was thrown from the car and killed.

“It was a nightmare,” Dawn Tsirtsis said.

Christopher Peacock was initially charged with aggravated DUI and reckless homicide. According to toxicology reports, he had codine in his system.

“He has shown absolutely no remorse, and he should pay for what he did,’’ said Jillian’s father, Marino Tsirtsis.

“Guilty or not guilty, we were ready to stand by that. We had faith in the judge, and we weren’t given that opportunity at the last minute.”

In the days leading up to a bench trial, the most serious charge, the aggravated DUI, which comes with a minimum three-year sentence, was dropped.

A plea was reached and Peacock is now expected to serve 40 days in jail and 30 months’ probation.

“To have it just snipped off there at the end, it wasn’t right,” said Dawn Tsirtsis.

In a statement, the Cook County State’s Attorney’s office explained:

“The final toxicology report does not support a charge of aggravated DUI. Specifically, the defendant was taking a legally prescribed medication and there is insufficient evidence to demonstrate that his driving was influenced or impaired by the prescription medication.”

Dawn Tsirtsis said: “We are representing our daughter, she doesn’t have a voice. She’s gone.”

Jillian’s parents also claimed that they were not given enough notice once a plea was reached. The state’s attorney says they have been in contact with the family through this entire process.

Peacock is expected to plead guilty on Aug. 2.

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