A Mission man who was accused of killing a jogger by running him over lost his chance to avoid a trial.
The fatal accident happened last March in Los Fresnos.
The family of Eduardo Polanco, who was hit while jogging, was not happy with the plea deal between the state and defendant Juan Carlos Garcia.
A Cameron County Judge dismissed the plea meaning the case will go to trial.
If the deal would have been approved, Garcia would have been sentenced to six months in prison and received five years probation.
Garcia is being charged with criminal negligent homicide and failure to stop and render aid.
Polanco TMs wife and family were in court today.
Polanco was jogging off highway 100 in Los Fresnos when he was hit by a Ford Mustang, allegedly driven by Garcia.
Polanco later died at the hospital.
Garcia claimed he fell asleep at the wheel when the incident occurred.
He will appear back in court on July 25.
If Garcia is convicted, he faces up to 15 years in prison.