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Noelle Phillips of The Denver Post.
PUBLISHED: | UPDATED:

A drunk driver convicted in the 2012 killing of an Afghanistan war veteran was sentenced Friday to six years in prison.

However, Daniel Barrett Swecker, 43, of Monument was allowed to remain free, pending his appeals, according to a news release from the 18th District Attorney’s office. The sentence was given by Douglas County Judge Vincent White.

Swecker was convicted by a jury in May on charges of vehicular homicide, DUI and leaving the scene of an accident involving death.

District Attorney George Brauchler was upset that Swecker was allowed to remain free during the appeal.

“What happened today is not justice delivered — it’s justice delayed and most likely denied,” Brauchler said in the release.

Swecker was found guilty of running over 24-year-old Nelson Marvin Canada on Interstate 25 on Feb. 25, 2012.

Canada had been a passenger in an SUV when he demanded the driver pull over because he had been drinking. Canada, who was sober, wanted to drive.

The driver stopped and Canada got out, the news release said. At some point, he was hit by a Ford Excursion traveling 80 mph.

Canada was thrown 124 feet from the point of impact and suffered multiple injuries.

Swecker walked away from the scene with his phone without calling 911. He walked more than a mile to a gas station where his wife picked him up. She drove him back to the crash scene, the news release said.

Swecker’s blood alcohol level was .118 nearly two hours after the wreck. In Colorado, .08 is considered the level of intoxication. Swecker had two previous DUI arrests, the release said.

Canada is survived by his wife and a daughter.

Noelle Phillips: 303-954-1661, nphillips@denverpost.com or twitter.com/Noelle_Phillips