I am very sorry for your loss. Only the State, through the DA's office, can decide what charge or charges to bring against a defendant. The Judge can sentence the defendant to more time than the DA recommended, up to the maximum allowed, but cannot change the charges. There is nothing you can do regarding the criminal prosecution other than complain to the head District Attorney. That won?t change anything on the criminal case. You can, of course, sue the defendant for monetary damages for wrongful death. This is what happened in the O.J. Simpson case. After the jury acquitted him in the criminal case, the victim's family sued him in a civil matter and got a reward of millions of dollars. It won't bring your son back, but might bring you some satisfaction.
Answered on Nov 11th, 2014 at 5:33 PM