I-TEAM: Mother speaks out after driver who killed her one-year-old takes plea deal

CLEVELAND --  A mother is speaking out for the first time about a horrific crash that killed her child in a stroller.

The I-TEAM has learned the driver responsible will serve 60 days in jail.

“I don’t think that it’s really justice”, said Sade Brown.

More than a year and a half ago on Cleveland’s east side, a man driving a utility truck swerved out of control, went off the road and slammed into Brown and her one-year-old son who was in a stroller. The boy died. Now, the driver has struck a plea deal with Cleveland City Prosecutors calling for 60 days in jail.

Brown reflected on what happened and said, “I woke up in the hospital. When I woke up, I had no clue what had happened. I was asking for Troy.” She said at that time she never imagined the case would play out like this.

Cleveland court video shows a judge accepting a guilty plea from Daniel Fortney. He plead guilty to a misdemeanor charge, so he won’t get locked up for years even with the death of a child.

Fortney never faced more serious charges because investigators never found any evidence he had been speeding, drinking or texting.

So what made him lose control? After all this time, what went wrong is still a mystery. The family is still waiting for an explanation.

Troy’s grandmother, Rowena Hockett, breaks down thinking back and wondering.

“I felt like I lost one of my kids.” She added, “Why was he distracted to where he hit my daughter and my grandson? I just have a bunch of questions," said Hockett.

Meantime, the little boy’s mother is finally opening up about this all while she is caring for another baby.

She said prosecutors explained to the family the limits on punishment based on the law and the factors in this case. In fact, court papers show the plea bargain was approved by the family.

Still, the family will go to the formal sentencing with hard questions.

-"How? How did this happen?," Brown asked. "If he would have just reached out and apologized, that would have even made me feel just a little bit better.”

Fortney's sentencing will take place later this month.

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