LANCASTER COUNTY, Va. -- Lancaster County's controversial top prosecutor was fired by the voters Tuesday night. Commonwealth's Attorney Jan Smith lost to Tony Spencer in a three-way race.
Smith has been overseeing the prosecution of Rand Hooper who is accused of crashing his boat while drunk which caused his friend, Graham McCormick, to fly out of the boat into the water.
Investigators said Hooper then left the scene of the crash without trying to locate his friend who was found dead in the river the next day.
McCormick's family does not believe that is harsh enough and are waiting to hear a judge's decision on whether or not to accept the plea.
The Sheriff's Office in Lancaster also expressed concerns to CBS 6 about Smith's ability to do his job.
Both endorsed an opponent of Smith's for Lancaster's top prosecutor, and that opponent won in a landslide over Smith.
Tony Spencer won the race with over 58 percent of the vote.
Smith received less than 15 percent of the vote.
If the judge does not accept the plea deal in the case, Spencer will take it over.
The McCormick family said they hope Spencer will take the case to trial.
"Tony Spencer is a very impressive and experienced prosecutor, as well as a kind and compassionate man. Lancaster is a much safer place with him at the helm," McCormick's brother, Gordon McCormick said