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(KSL News) A Nevada judge struck down a California man's appeal in a case involving the the deaths of a West Jordan family.
Stephen Scharosch reportedly hit the family's car in May 2002 on I- 80. Scharaosch says the family is partially at fault for the crash because they weren't wearing seatbelts.
Prosecutors say Scharosch was drunk when he hit Fernando Meza -Arrigaga's car head -on. Meza Arriga's wife was critically injured. His children were all killed, along with his sister and four -year- old niece.
A judge struck down Scharosch's appeal on Wednesday.
Washoe District Judge Robert Perry said, quote "When you get behind the wheel while you're intoxicated and drive the wrong way on the highway, you take your chances."
Scharosch's blood alcohol was almost twice Nevada's legal limit the night of the crash. He also tested positive for marajuana.