There will be no appeal after a driver was found not guilty in an alleged hit and run that left an Ottawa man dead.

Andy Nevin was struck and killed while riding his bike on Lietrim in south-Ottawa on June 28, 2015. A week later a 42-year-old Ottawa man, Deinsberg St. Hilaire was arrested and charged in connection with the 39-year-old's death. After more than three years, a trial got underway in October of this year.

St. Hilaire testified in his defense. He told the court that he was driving along Leitrim Road when he fell asleep at the wheel, was woken up by a loud bang, looked out his rearview mirror and didn't see anything, so he continued driving.

The Crown presented photos of St. Hilaire's pick-up truck, saying the damage was consistent with the impact on Nevin's bike.

St Hilaire was found not guilty of dangerous driving causing death and failing to remain at the scene. The judge expressed her condolences to the Nevin family, but said the Crown failed to prove it's case. St. Hilaire pleaded guilty to a related charge of obstruction of police.

The family of Andy Nevin tells CTV they received the call from the Crown's office Tuesday morning.

"The judicial system failed us," said Nadia Robinson, the former partner to Nevin and the mother to his two sons.

"People know the difference between right and wrong and this is wrong."

Robinson says she's the decision sets a dangerous precedent for future families involved in similar cases.

"I don't want any family to go through what we've had to endure for the last three-and-a-half years," said Robinson as she held back tears.

"And now we are still going to have to recuperate for the rest of our lives."

Nevin's youngest son, Bryce Nevin says the loss of his father has left a gaping void in their lives.

"Our family is broken," said Nevin.

"It's such a big thing that happened, you can't really deal with it."

Robinson and Nevin both say they are now serving a life sentence of their own.

"I had to quit so many things, I can't play soccer anymore," said Nevin.

"You can never get over it, never."

Nevin's father, Kerry Nevin started a petition demanding an appeal of the verdict, which garnered nearly 8000 signatures but the Crown will likely never see it now. Robinson says she is still waiting on details and an explanation as to why there will not be an appeal.

St. Hilaire will be sentenced for his obstruction charge in January.