Kevin Killeen (@KMOXKilleen)By Kevin Killeen

ST. LOUIS (KMOX) – A Florissant mother is devastated after a St. Louis County judge gives probation to a drunk driver whose head-on crash sliced off her 4-year-old son’s arm.

Judge Sandra Farragut-Hemphill this week gave five-years probation to Calvin Cosby, a 34-year-old St. Peters man whose blood alcohol level was more than twice the legal limit when he crashed into a car in which Crystal Waller was riding with her boyfriend and her two young sons.

Judge Sandra Farragut-Hemphill

Judge Sandra Farragut-Hemphill

“The judge was a complete joke,” Waller says. “My son’s arm was completely severed, and she just slapped the guy with five years probation. I was sick to my stomach.”

The prosecutor had asked Hemphill to give Cosby seven years in prison, because his blood alcohol level was .187, and he had a prior alcohol driving conviction. Cosby pled blind to four counts of second-degree assault to the crash that happened on Thanksgiving night 2014, around 10:30 on Aubuchon Road near Tesson.

Waller says she and her boyfriend and two sons were coming back from Thanksgiving dinner when Cosby crossed the center line and struck them.

Among the injuries, she had a broken elbow and a bleeding liver; her boyfriend had a broken femur, six broken ribs and a crushed heel; her 10-year old son had internal bleeding and a permanent scar from the seat belt , and her 4-year old son had the severed arm.

(Courtesy of Cristal Waller)

(Courtesy of Cristal Waller)

Surgeons were able to re-attach the arm, but Waller says he still can’t use his hand and needs more surgeries.

“This guy has completely taken my son’s childhood,” Waller says. “He can’t ride a two-wheeler, he can’t balance using one hand, he can’t play on the monkey bars like his friends, he can’t learn to tie his shoes, he can’t play baseball. There are things that a child should be able to do, but this has all been taken away.”

Waller says Hemphill was aware of all this Thursday when she gave Cosby probation. She says she wrote the judge a letter and sent her photographs of her son’s arm laying next to him, X-rays, and then spoke in court to make sure the judge understood how much her family had suffered.

(Courtesy of Cristal Waller)

(Courtesy of Cristal Waller)

“I asked the judge, ‘What would you want to happen if somebody had done this to your child? What do you think would be fair?'” Waller recalls. “And then she slapped him with five years probation.”

KMOX left a message with Hemphill seeking an explanation for her sentence. She has not responded.

(TM and © Copyright 2015 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2015 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

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