By Mike Rush
ST. CHARLES, Mo. (KSDK) - The trial is over, but a St. Charles family says justice was not served for their son.
Nic Moses, 26, was a green beret who had served in Iraq and Afghanistan, but he was killed by a fellow soldier last year in Tennessee.
Even though his killer was convicted, the family is outraged by the outcome.
Benjamin Schweitzer could have spent decades in prison for killing Nic Moses and shooting at two police officers, hitting one during a standoff. But, instead he may be in prison for as little as two years and the family is hoping their outrage in St. Charles will reach the courts in Tennessee.
The shooting happened in March of last year in Clarksville, Tennessee, not far from Fort Campbell, Kentucky.
In court in August, Schweitzer claimed the shooting was an accident, that he was under the influence of drugs and thought Nic was an intruder in a house they were both staying in.
Schweitzer faced a second degree murder charge, but a jury convicted him of a lesser charge of reckless homicide which carries a two to four year sentence.
The jury also reduced the shooting at officers offenses to misdemeanors and the judge decided time already served could apply for those convictions.
Nic's family poured over hundreds of pages of the army investigation and believes a lot of important information was left out of the civil trial that could have convinced the jury to go for the greater charges.
They say the report points to Schweitzer as a man who had a drug problem for years, had bad character and was acting erratically in the days leading to Nic's death.
Nic's brother, says his brother was concerned about Schweitzer's behavior.
"Benjamin Schweitzer came out of his room. He was dressed in full camouflage, he had some kind of weapon in his hand and Nic basically asked what are you doing, you know, like what are you doing. And he said going shooting and Nic was like where the guy didn't say anything and just walked away," Paul Moses said.
"He had received an Article 15 which he was disciplined by the army for improper distribution of narcotics while he was deployed overseas to Iraq," Jeanie Moses, Nic's mother, said.
As the family of the victim, the Moses family does not have any ability to appeal the verdict. Family members are hoping their vocal disapproval will influence a higher court in Tennessee to take another look at the case.
Because of the Labor Day Holiday, Newschannel 5 was not able to reach the prosecutor in the case.