Wilfredo Pujols, Jr. pleaded guilty to four felony counts — second-degree murder, resisting arrest, and two hit and runs — related to the 2007 incident and was sentenced to 15 years on prison on April 23, 2009.
Pujols appeared in court on July 28 to have his guilty plea and 15-year sentence thrown out.
"These deaths are not accidents," Priano said. "Pujols made a decision to flee from the police. These tragedies repeat themselves throughout the United States, leaving behind hundreds of families, each year, whose lives are shattered."
On Nov. 8, 2007, Christopher Cooper was riding his bicycle home and legally crossing the street when Pujols, traveling in excess of 80 mph while fleeing from Independence (Mo.) Police officers, struck and killed the boy. Police were pursuing Pujols, who was a suspect in an assault.
"Justice is an empty word," Cheryl Cooper said prior to the hearing. "Christopher was a loving son and cared about other people. He had often talked about becoming a firefighter. The court's ability to hold people accountable is the only form of justice we have. We expect criminals to be held accountable for their choices."