A man who hit and killed a Minnesota Department of Transportation contractor at a construction site in Carver County last year will serve no jail time.

Leo Kuisle died last May after being hit by a 73-year-old driver during construction on Highway 212.

Eleven months later, there is a permanent memorial at the accident site to Kuisle—adorned with a shovel, the Virgin Mary, and other mementos.

Kuisle was the foreman of a crew working along the highway on May 15, 2008. As he was directing traffic, driver LuAllen Kettner hit him, propelling Kuisle more than 70-feet. Kuisle, a step-father of three, was killed as a result.

On Friday, Kettner appeared in court in a blue blazer and gray slacks, holding a handkerchief and telling a judge he would trade his life for Kuisle’s if he could.

While prosecutors wanted 15 days in jail, a judge said now was not the time for revenge and ordered Kettner to 40 hours of community service, a $685 fine, and one year of probation.

"There are so many emotions that it's overwhelming to us at this point," said Kuisle’s sister Karen Jenkins.

Kettner admitted there was enough evidence to convict him of misdemeanor failure to drive with due care.

"He hurts deeply. A death has happened here. He grieves for the family," his attorney Marsh Halberg told 5 EYEWITNESS NEWS.

However, the Minnesota State Patrol is blaming the construction crew and Kuisle for part of the accident. According to court records, Kuisle had a blood alcohol level of .08 at the time of the crash at 7 a.m.—which is ‘legally drunk' according to the State Patrol’s investigation.

In addition, the State Patrol found, more MnDOT and contractor safety procedures were violated: Kuisle was wearing ‘inadequate high visibility gear,’ had no flaggers on either ends of the construction zone to warn drivers, and construction warning signs were ‘lying face down.’

The State Patrol says their investigation concluded bluntly: ‘Corners were cut.’

"I believe if all of the safety factors at the road site had been followed, that the deceased would still be alive today," Halberg said.