Collin Jeffrey Cashau pleaded no contest to involuntary manslaughter Friday in Northampton County Court.
The family of Kyle Smith wants the man who killed him to go to prison.
But prosecutors say there isn't enough evidence to prove Collin Cashau was driving recklessly enough to warrant a homicide charge.
So they accepted a no-contest plea to involuntary manslaughter and the 24-year-old Bushkill Township man was sentenced to five years of probation.
Northampton County Assistant District Attorney Richard Pepper said Smith was lying in the road when Cashau drove into him Dec. 5. The underside of the car struck his head.
"Death was instantaneous," Pepper said.
Smith had a blood-alcohol content at the time of 0.297, Pepper said.
Damage to the car was minimal. A piece of the car's white access panel fell off, which led police to Cashau's BMW.
Cashau told police he thought he hit a log or a dog. When he didn't hear anything dragging under the car, he drove home.
The veteran prosecutor said the 17-month investigation of the crash was "as thorough of an investigation as in my tenure I have seen in any vehicular case."
"We do not believe that we could prove beyond a reasonable doubt ... that the defendant at the time knew or should have known he hit a human being," Pepper said.
Upset members of Smith's family didn't comment. They are pursuing a civil claim and their feelings will come out during that case, Pepper said.
"The family is obviously upset and they're disappointed but at the same time they understand there is only so much the Commonwealth can do with the facts that they have," said the family's civil attorney, Colin Monahan of Lichtman & Associates of Allentown.
Smith leaves behind a 12-year-old daughter, Mohanan said. The Bushkill Township man was 35 when he died.
"They are not in favor of this. They are not happy with it," Pepper told the judge. "They lost a young man who was the light of their lives."
Family members remembered him as loving and generous, Monahan said. One neighbor told lehighvalleylive.com Smith shoveled snow for him.
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Pepper said the police officer who found Smith's body thought it was debris on the road at first. The road through woods is not lit. Smith was wearing dark clothes and had a hoodie pulled over his head.
Defense attorney Gary Asteak said Cashau never denied his involvement in the crash and cooperated with police throughout the investigation.
"It's been a very troubling and difficult case for the family of the decedent as well as Mr. Cashau's family," he said. "Obviously there was no intent to do harm or intent to deceive."
By pleading no contest Cashau does not admit the committed the crime of involuntary manslaughter, only that prosecutors have enough evidence to convict him of the crime.
Prosecutors dropped charges of causing an accident resulting in death, failing to report the crash to police, careless driving, speeding, drug possession and possession of paraphernalia.
Police found a bottle of whiskey, suspected marijuana and a plastic container with white residue in Cashau's BMW.
The sentence of five years of probation is at the high end of state guidelines, Pepper said. Northampton County Judge Michael Koury accepted the deal and imposed the sentence.
Rudy Miller may be reached at rmiller@lehighvalleylive.com. Follow him on Twitter @RudyMillerLV. Find Easton area news on Facebook.