HILLSDALE COUNTY, Mich. (WILX) - A story that has shaken and divided a small town in Hillsdale County.
A teen, Braxton Petrie, was struck and killed on June 19. Now his family is speaking out because they feel the justice system has let them down.
Petrie's family is still mourning the loss of a 16-year-old boy who they say had a bright future.
But the memories of the tragic day he was taken from them is relived as they fight to get his accused killer the justice they feel he deserves.
911 call from June 19:
"Hello, hello?" said Petrie's brother.
"Hello, 911," said the operator.
"I need an ambulance," answered Petrie's brother.
"It just was like a shock; I thought it was a joke," said Ashley Wolcott, Braxton's mother.
"I still to this day don't even understand how this could happen," said Mike Petrie, Braxton's father.
"His head is cracked open and everything; he's not moving. I'm not getting a pulse," said Petrie's brother.
"So, he's not conscious?" asked the operator.
"No, he's not conscious," answered the brother.
"Is he breathing?" the operator asked.
"No, he's not," answered the brother.
"Every plan I had for the future included him. I had Braxton when I was 18; I grew up with him. And I don't have that anymore. I never thought this would've happened to him," said Wolcott.
On June 19, 16-year-old Braxton Petrie was riding his bike on Mosherville Road in Hillsdale County. The man accused of hitting and killing him is Seth Magda.
Police said Magda, who was 20 at the time, was intoxicated.
"You go back to all the what-ifs. And then you have to snap back to reality and know you can't do that," said Wolcott.
It's played out on the 911 call, that vehicle came by surprise.
A person on the 911 call said, "No description, the headlights were out and they were driving like bats out of hell."
"He was flying down the road without his headlights on and that's when a car went by," Petrie's brother said on the phone.
Magda was arrested on June 20 for driving while intoxicated causing death. He was released on a $10,000 bond, pending trial.
"Honestly, I never thought that he'd be able to walk the streets after everything that I've learned. In my mind, that's a fail for somebody to do the things that he's done and still share the community with my children," said Kayla Hess, Braxton's cousin.
Magda violated his bond conditions when he was caught drinking on social media.
A photo from Hillsdale County Court Records shows Magda with a drink and a caption "big boy's first legal marg."
"He has no remorse, if I killed someone, I wouldn't be able to live with myself. I probably wouldn't even be able to leave my house," said Angie Petrie, Braxton's stepmother.
Magda is no stranger to the Hillsdale County justice system. He's got a rap sheet including minor in possession from 2015. That was followed by a speeding ticket, open alcohol in a vehicle, a second minor in possession charge, driving with a suspended license, reckless driving and failing to stop at a stop sign, all before he turned 20 years old.
"Why? Because of your poor choices, my son is gone, and it's hard to breathe the same air as him," said Wolcott.
Magda is currently serving 20 days in jail for reckless driving in a separate case. However, that's no relief for the family.
"It shouldn't even be a worry. I don't even know why I have to worry about that. I have to worry about my 16-year-old riding his bike around Hillsdale County. I shouldn't have to worry, nobody should," said Hess.
New 10 was able to catch up with Magda's lawyer at the accident scene. He told us that he has no comment at this point. Petrie's case will be headed to trial Jan. 31 and Feb. 1.