“This was not an accident, but an inevitable outcome of his actions,” Chapman said of Augustin. She also felt like the judge was dismissive of Davison’s injuries and the damage the crash has caused to their family. “The financial burden and the medical bills are nothing really to my son crying weekly for fear of not being able to speak correctly and anxiety that every time he doesn't, that it’s a seizure coming on. It’s indescribable, really.”

After hearing Augustin’s record, which can only come into evidence during sentencing, and leaving the bench to consider the evidence, Cavedo delivered the sentence: 90 days with 60 days suspended.

“[The judge] kept telling the attorney that you want his punishment based on what happened, not what his actions were,” Chapman recalled.

When asked to comment, Judge Cavedo referred a reporter to a transcript of the comments he made in court about the case. The transcript was not immediately available.

Oppleman, Augustin’s attorney, said Cavedo was thoughtful and reasoned in his verdict and it was “a result the court considered fair.”

Oppleman said he can’t be sure how much or little his client’s lengthy driving record weighed into the judge’s decision, but said, “You are only guilty of what you did.”