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Drunk driver to spend anniversary of victim's death in jail every year

DALLAS -- Karen Javadi helped make her daughter Emily's Dallas house a home.

DALLAS -- Karen Javadi helped make her daughter Emily's Dallas house a home.

"I love being in her house," she said. "I love being where she loved being."

It's one of the places she and husband Michael feel closest to her, now that she's gone.

"I feel sad when I come here, because everywhere you look you see her," said Michael.

Emily was a 34-year-old with tons of friends, who loved the arts, exercise, and her dog Sullivan. On February 10, 2015 she was loading up her car after a workout in Dallas' Cole Park. She was struck and killed by a driver. The distracted and drunk man behind the wheel was then 23-year-old Travis Elwell of Mesquite.

Two years after Emily's death, it was time to go to court.

The Javadis were advised by their legal team that Dallas County juries often give drunk drivers accused of intoxication manslaughter probation instead of jail time that could amount to five to 20 years behind bars.

So they drew up a plea deal for 10 years of probation, with an exception ensuring Elwell would serve 180 days in jail. He will serve 120 now, and the rest one week at a time for the next nine years on the anniversary of Emily's death.

Criminal defense attorney Nicole Knox did not work on the case, but she often works similar cases. She calls the punishment unique.

"To have that annual reminder and the purpose of the annual reminder, while you're sitting in solitude incarcerated, I think it's a really creative way to create more of a deterrent effect," she said.

"That was the only thing that was important for us," said Michael. "That there needs to be some sort of accountability for the irresponsible actions that he took."

The Javadis say they were never interested in locking Elwell up for life. Now they'll get back to spending their lives honoring their daughter.

"We're not going to look at the negative, she was not a negative person," said Karen. "And we made it. We're going to make this."

Elwell is currently serving his first 120 days in the Dallas County Jail.

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