No jail time for driver Kirk Sherwood who killed HERO worker Spencer Pass

A driver who was charged in a crash that killed a Georgia Department of Transportation HERO (Highway Emergency Response Operator) worker will not serve jail time under a plea deal reached Monday.

The crash happened on Interstate 85 near Metropolitan Parkway in January 2011. Kirk Sherwood was pulling a trailer when his brakes failed, and he crashed into Spencer Pass. Pass, who was helping a stranded driver, was the state's first HERO worker killed in the line of duty.

Dozens of HERO workers and family members on both sides tued out for Monday’s hearing at the Fulton County Courthouse. Despite emotional testimony from Pass’ widow and mother, the judge said the crash was nothing more than ”human error and a horrible accident.

Though Sherwood won’t serve jail time, he will lose his driver’s license for one year, fulfill community service and pay a $1,000 fine. He admitted to vehicular homicide. Pass’ family wanted a harsher sentence.

”Sentencing to any time in jail is not going to bring back our family member. We already know th