Ken and Tina Dungan spoke exclusively to News10, one day before their 27-year-old son is to be sentenced in Auburn.
"He made a wrong decision that evening but he stood up for it. He's willing to take accountability. But the charge, he's overcharged," said Tina Dungan, the defendant's mother. "I still believe somebody will see this and know this isn't justice. This isn't right."
A Placer County jury convicted Dungan last month of second-degree murder and vehicular manslaughter in the crash on Highway 65 on October 9, 2005. While he wasn't speeding or driving erratically, prosecutors argued the crime was more severe than vehicular manslaughter because Dungan was text-messaging while driving and ignored warnings from a cab driver that he was too intoxicated to get behind the wheel after a night of partying with friends.