Skiatook family furious after man who killed their son in DUI crash won't serve any time in prison

A Skiatook family is furious after the man who killed their son in a DUI crash won't serve any time in prison.

Jacob Gilmartin hit and killed Clifton Smith, then six months later, was in a second DUI crash, and Gilmartin's injuries led to a traumatic brain injury.

A federal judge says that injury makes Gilmartin incompetent to stand trial, and ruled, he's not a danger to society, so he goes home to his family.

A case that keeps getting worse

The Smith home has been quiet for nearly four years, without Clifton.

"He was funny. He always had stories. He always had stories to tell you something. When he had worked at Walmart, he would tell you what things that would happen," said Karen.

The Clifton family says it's not fair, their son is in a cemetery, while the man who killed him gets to be home, living his life.

Clifton was killed by Jacob Gilmartin in November 2021.

Gilmartin spent two months in jail.

When Gilmartin was in a second DUI crash and left with a brain injury, Clifton's family was shocked.

"Most people would after they killed somebody and spent 60 days in jail, would straighten up, not him," said Karen Smith, Clifton's Mother.

A public reminder

Gilmartin's family made a TikTok account to document what his new life looked like after his brain injury.

"Everybody saw his TikTok. Saw him fishing. Saw him playing the guitar, doing all the things. No, I know he has some brain injury, but no, I do not believe he's incompetent," said Karen.

Waiting for something that never comes

The doctor who evaluated Gilmartin told a federal judge he is incompetent and can't stand trial. The judge ruled that Gilmartin is not a danger to society, so he goes home without any prison time.

"What is going to stop him? Now, if everybody's asleep and he goes and gets the keys, walks out there, jumps in a car and drives down the road, what can stop that," said Brett Smith, Clifton's Father.

Clifton's parents say they waited three and a half years to get justice, but it never came.

"Every single morning, when I wake up, I have to make a decision, am I going to be upset about Clifton and let it just, you know, ruin my day, or am I going to just praise the Lord for the time that we did have with our son," said Brett.

A statement on behalf of Gilmartin

News on 6 contacted Gilmartin's attorney for a comment, but they said they won't be giving one.

The TikTok account made to document Gilmartin's life after his injury has been deleted.