SPRINGFIELD, MA (WSHM) The man accused of hitting and killing Springfield resident Derek Russell in the early morning hours on New Year day was back before a judge Tuesday morning.Police say the suspect, Adam Thurber already has a drunken driving arrest on his record.He was held on $100,000 bail Tuesday.Russell parents, close friends and family members looked on as the man accused of hitting and killing the 25 year old New Year morning was led into a Springfield courtroom, shackled.Thurber was arrested two days after the deadly accident on Boston Road."He affected every single one of these people here," said Russell mother, Joanne Fisher.Police showed up with a warrant at Thurber Springfield home saying he violated his probation after an arrest last year of drunken driving.Now he faces a charge of leaving the scene of an accident resulting in death.It a charge his attorney tried to get dismissed at Tuesday court appearance."The Commonwealth for whatever reason did not have witnesses ready and was unable to proceed at the hearing," said Thurber attorney Jared Olanoff.The judge denied the request, to the relief of Russell family."The whole thought of thinking to dismiss it, so why, so he can go free? It not right," Fisher said.Prosecutors are now planning on presenting the evidence to a grand jury within the month.But Russell family says though they hope the justice system works, it won bring him back."This is the worst tragedy I ever had in my life," said Derek Russell, Sr., Russell father."The system going to work I hope. I praying . Because if it doesn it not fair," Fisher said.Thurber is due back in court March 6.Most Popular StoriesMost Popular StoriesMore>>Cameras catch teens trying to break in to homeCameras catch teens trying to break in to homeUpdated: Wednesday, September 10 2014 7:54 PM EDT2014 09 10 23:54:48 GMT9/11 commemoration amid renewed terror threat9/11 commemoration amid renewed terror threatUpdated: Thursday, September 11 2014 11:48 AM EDT2014 09 11 15:48:36 GMT