HANOVER COUNTY, Va. -- Angela Hall her heart breaks a little more every time her great nephew Jamison asks about his dad Jason Bailey, or when they take Jamison to the cemetery to visit his dad's grave.
Bailey was a tow truck driver hit and killed along Interstate 295.
Dwayne Miller, Jr. was charged, convicted and sentenced for Bailey’s death.
Miller was under the influence that night and fled the scene while Bailey was run over repeatedly by other vehicles.
Miller was sentenced to 11 years in January 2016. Just a few weeks later, he was released on bond.
His legal team is appealing his case. Hanover prosecutor Stephen Royalty said that could take months, even years.
When Miller attorney asked a Hanover judge for an appeal bond, she stressed that the 32-year-old is a lifelong resident of Hanover with strong ties to the community, namely his family.
He has a wife and two children.
Miller attorney also told the judge that he has employment available to him upon release.
Bailey's relatives were completely stunned by the judge's decision to stay Miller sentence and grant him an appeal bond.
"I think it is very unfair that he is able to get out on bond and Jason is gone. He can go on living with his life except for the conditions that he has on him from the court. It is not fair at all," said family member Hall.
Her niece, Shelby, was engaged to Bailey at the time of his death and has been struggling to deal with the loss.
Confused at how this could happen, Bailey's loved ones reached out to CBS 6 News.
CBS 6 legal analyst Todd Stone explained that the judge has that kind of discretion.
"It is fairly uncommon for a judge to allow someone who is convicted and sentenced to remain on bond pending appeal. Generally, he is deemed to be a greater flight risk because he's facing a long period of incarceration.
He must have had some compelling evidence to convince a judge that he is not a flight risk, nor a danger to the community," Stone added.
Miller will remain out on bond until the Virginia Supreme Court takes action on his appeal.
In the meantime, there are certain conditions attached to his bond.
He is prohibited from driving a vehicle, has to adhere to a 6 p.m. curfew and must wear an electronic GPS monitor.
The Mechanicsville man must also refrain from using alcohol and drugs and is prohibited from leaving the Commonwealth of Virginia.