Family Members Of Hit-And-Run Victims Return To Court Decade Later

The family members of five people killed in a hit-and-run crash have more questions on Thursday than answers after the woman convicted of the crimes is back in court.

"I'm just in shock that we have no resolve today, again,” said Bobbi Nickel, victim’s sister. Nickel said she is beside herself, thinking the case that was settled a decade ago is not over yet.  

Nickel is the sister of Casey Jones. Jones was one of the victims killed by Kimberly Graham in a deadly hit-in-run in 2007. Nickel said she sits with a knot in her stomach, fearing Graham's 107-year prison sentence may soon be over. 

"The victims that have been killed have been reduced to a piece of paper since now we don't get a hearing,” Nickel said.  

Graham, who has been in prison over 10 years, is arguing that because she's Native American, she should be released after a recent Supreme Court ruling on tribal jurisdictions. Attorneys on both sides said they need more time to make their arguments to the judge. Richard O'Carroll represents Graham and said this case is too important not to get right.  

“Thirteen years is a long time for anybody,” said O’Carroll. “This isn't malicious murder." 

James Dunn is an assistant district attorney and said he'll keep fighting to keep Graham in prison. 

"Hopefully, we can reach a resolution that is favorable to the state,” said Dunn. “I think that we can hopefully do that."  

Both sides were given until next month to present their arguments. Nickel said she just wants to make sure the victims are not forgotten. 

"I want to make sure that everyone knows how important they were and what a loss it was for so many people,” Nickel said.  

The judge is expected to make her decision by the second week of November, which Nickel said happens to be three days after the anniversary of the crash.