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Driver who killed HERO worker gets no jail time

The man charged with second-degree vehicular homicide in the death of a H.E.R.O worker last year has reached a plea deal.  Kirk Sherwood will not serve any jail time.

Sherwood entered a plea of "No Contest" to the charges of second-degree vehicular homicide and violating the Spencer Pass law (improperly passing a stationary emergency vehicle).

He will serve a year of probation, 240 hours of community service, lose his commercial driver’s license for 12 months and his regular license for four months. He also will pay a $1,300 fine for the Jan. 31, 2011 accident that killed Pass.

Dawn Pass, Spencer Pass’ widow testified in court Monday.

“This slap on the wrist is a slap in the face to law enforcement, public safety, emergency workers and everyone who puts their lives on the line,” she told the judge, arguing for a jail sentence. “In life, we are all held accountable for our actions. Kirk Sherwood is no exception.”

Pass family's attorney Thomas Cuffie says his clients are not happy about the plea deal.

"They were hoping there would at least be some jail time.  They've lost a dear loved one, they lost that dear loved one, who happened to be out assisting a stranded motorist with emergency lights on, when this gentleman came by in a reckless fashion and killed him," said Cuffie.

Pass, 45, was helping a disabled motorist on I-85, south of downtown Atlanta when Sherwood’s vehicle hit Pass' yellow H.E.R.O. truck, killing him  Pass left behind a wife and four children.

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