The man charged in a crash that killed a family of three will not go to prison as of right now.  The retrial of Denny Wages ended in a hung jury.

It was emotional outside the courtroom, with Wages saying, "You'll never understand, it's a little late to say sorry, I couln't say nothing, O'm so sorry."

The jury deliberated for nearly nearly 12 hours.  Wages is charged with reckless homicide in the crash that killed Bobby Littrell, his wife Kimberly and their two-year-old daughter Shelby.

Wages was driving a pick-up truck four years ago on Highway 150 in Floyd County when he crossed the center line and crashed head-on into the Littrell vehicle.

Wages's attorney told jurors his client made a mistake but should not be convicted of a crime.

Mike McDaniel, Wages's attorney, said Thursday night, "It's just hard. You've got a problem with a guy making a mistake that may be looking at a second or a second and a half too early, and you've got three wonderful people dead.  That's sort of the counter balance -- it's a mistake and it's a terrible loss, but is it negligence or is it recklessness.  That's the toughest question there is of all the things."

A meeting has been set for next week between the judge, prosecution, and defense attorneys to decide the next step in this case.