Should a man facing his third DUI charge get his license back? The answers a grieving family aches for many not be what they want to hear.

Before going to court, Mary Church and her sons placed a memorial cross at the intersection where husband and father Ronnie Church took his last breath. “He was a well liked, hard working man who loved his family,” Church said.

In the packed courtroom, a judge must decide if a capital murder charge against Billy Dwayne Reed should go to a grand jury. Police say the 31 year old was under the influence on January 7, when his pickup truck recklessly hit Ronnie Church’s motorcycle.

The 43 year old coal truck driver died after the collision.

Police officer Jason Merlo was on the scene that day. “He smelled of alcohol, was staggering, speech slurred,” Merlo said.

The judge did send the DUI murder case to the grand jury. But what was not mentioned today was this is Billy Reed’s third DUI charge in less than a year.

“The system failed us. A man did not have to die,” Church said.

Court records show Reed was awaiting trial on a DUI when he got his second DUI, but without prior conviction, the penalties do not increase.

A judge suspended Reed’s license for 12 days, the maximum allowed on a first offense DUI. Records show a few days later he was charged with the murder of Ronnie Church.

Reed’s attorney says he will show his client did not cause Church’s death. Reed remains jailed without bond.