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Frayser Family Wants More Punishment for Driver

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(Memphis) A Frayser family is outraged and heartbroken after their son was killed by a careless driver without a license.

Robert Ealy was arrested for the crash but got out of jail the same day on a $100 bond.

Carolyn Sims, the mother of the man killed, believes justice hasn't been done, “I don't have a lot of hatred in my heart because I know it’s wrong."

There may be no greater loss than losing a child, but knowing that the person who killed him is alive and free makes it even worse.

“I don't think it was fair. I don't think it was fair at all,” said Sims.

It was Sim’s son D'Marcus Smith who died last weekend.

Police say Ealy was driving carelessly and on a suspended license when he struck smith riding his motorcycle.

“He sustained a lot of broken bones,” said his sister, Joshlynn Baker.

Police say D'Marcus Smith was riding his motorcycle down Schoolfield Road when Ealy failed to stop at a stop sign at the intersection.

He slammed into D’Marcus, killing him, and sent the motorcycle flying into the yard of a nearby vacant house.

“He was going to leave my child laying there,” said Baker.  “His brother made him stop and the brother told the police he had been drinking.”

“A breathalyzer was not done because he was transported to the hospital,” said Sims.  “They did let me know blood work had been taken at the hospital."

Sims must wait six weeks to find out the results.

In the meantime, Ealy is free on a low bond because he's only charged with misdemeanors for driving on a suspended license, not having insurance and failing to yield.

“He has not been a man and said ‘I’m sorry’ for killing my brother,” said Baker.

The family is mourning the loss of someone they loved so much.

“I just don't believe he's gone,” said Sims.