Darlene Ellis says justice for her daughter is not being done after Atascosa District Attorney, Rene Pena, told her Monday that the driver responsible for her daughter's death would face a charge of DWI with a child, not intoxication manslaughter.

Ellis says the news brought back the raw emotions of the Oct. 17, 2010, evening when her daughter, Rhonda, was hit.

"I bent down to be with my daughter because she just kept saying, 'Mom I hurt, I hurt. I want to go home.'"

Pena said the driver will face the lesser charge because of a lack of evidence to support intoxication manslaughter.

The lesser charge comes with the possibility of up to two years in prison or five years probation.

At the scene of the crash, officials said the driver had beer in the car and had been drinking.

Also in the vehicle were two children.

The driver told authorities she swerved to avoid hitting a dog in the road.

"It just doesn't make sense. It still doesn't make sense," said Ellis. "At least examine it again, keep trying until they come up with enough evidence. Like I told him today, evidence enough is my daughter's life."

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