The family of a schoolboy who was killed after being tossed in the air "like a rag doll" by a drink-driving illegal immigrant said they had still not got justice for his death.
Hayley and Steve Leighton said they have been let down by the system after a coroner yesterday recorded a verdict of misadventure on 12-year-old Jamie Mason.
The schoolboy, from Wednesfield, Wolverhampton, died on January 8 from head and neck injuries suffered after he was hit by a car driven by 27 - year- old Aaron Chisango who was one and a half times the drink drive limit.
Chisango, a Zimbabwe national who had been living illegally in Telford, Shropshire, since training in the UK as a nurse, was jailed for two months for drink driving.
During the court case in January, Chisango - who had had no driving lessons in this country - admitted driving his black Rover saloon car without insurance, MOT or UK registered licence.
The Wolverhampton coroner Richard Allen said: "If I'm going to form a verdict of unlawful killing, I have to be satisfied beyond reasonable doubt. I'm not satisfied.
"I am therefore going to record a verdict that Jamie died by misadventure."
Afterwards, the family solicitor John Hesketh read a statement on behalf of Jamie's step-father Steve, aged 44, and mother Hayley Leighton, 41.
It said: "We feel that Jamie has been failed by the legal system from the beginning.
"In the first instance the CPS did not use the full powers of the court by charging Chisango with death by dangerous driving while under the influence of drugs or alcohol.
"We feel that he should be held automatically responsible for his actions."
It added: "The coroner has returned a verdict of misadventure which implies that Jamie's death was an accident which should have been avoided. Jamie's death should have been avoided."
Jamie's half sister Tracy Mason, aged 31, said: "This has destroyed my life and the family.
"We will continue with our petition until the law has changed."
At the inquest, Chisango admitted to getting drunk on whisky the previous night with friends, telling police during an interview that he had "a fair few" and was hung over but assumed he would be all right before the accident.
Chisango refused to answer several questions put to him by Mark Anderson, representing Jamie's family, on the grounds that they may have further criminal implications and answered just "yes" or "no" to others.
But in his defence statement made to police, read out by the coroner, Chisango said: "He just ran into the road that quickly I just had no chance of stopping.
"When I got there, I saw the condition the child was in. It was not a very good condition."
Tracy Mason told the inquest she was crossing the
road with him to get to her car. Jamie hit the front wing and his head hit the windscreen.
Breaking down in tears as she gave her evidence, Miss Mason said: "We both tried to cross the road. Jamie hesitated and went back to the kerb. I could not go back and went to the other side of the road.
"The traffic was clear one way, then not the other for a few minutes. I said to Jamie to wait and then a car came from nowhere and hit Jamie."
Wendy Calvin, who witnessed the collision from a passing bus, told the inquest: "The child was struck by the driver's side of the car then flew through the air like a rag doll."
Her husband put Jamie into the recovery position on the grass verge that he landed on and held his hand while waiting for an ambulance to arrive as Chisango, who was a registered mental health nurse, attempted to perform CPR.
Mr Anderson said in closing: "Chisango was driving unlawfully. A fact that can be in no doubt and his unlawful driving was the cause of Jamie's death."
An examination of the car by police ruled out any mechanical failure.