Wednesday, we learned the Missouri State Trooper who was operating the boat when a Clive man went overboard and drowned at Lake of the Ozarks in 2014 could get his law enforcement license back.

Trooper Anthony Piercy was behind the wheel, driving to shore to give 20-year-old Brandon Ellingson a breath test when Ellingson fell overboard.

An investigation showed Piercy was driving too fast and failed to secure Ellingson’s life vest so the state revoked his license.

Wednesday, a judge decided the public safety director did so unlawfully. Now the case is back under review.

We spoke with Craig Ellingson, Brandon’s father, Wednesday about the upcoming five-year anniversary of his son’s death and the ruling.

“It’s different without Brandon around, we’re still dealing with his death. And the highway patrolman that killed Brandon is still trying to get his license back,” said Ellingson.

He is still working to get justice for his son.

“I am trying to keep it revoked so that’s been a battle but the family is doing good, my daughter is doing fine,” said Ellingson.

Following Brandon’s death, Piercy was charged with manslaughter. He pleaded guilty to the lesser charge of negligent operation of a vessel and was sentenced to 10 days in jail, two years of supervised probation, and 50 hours of community service.

A wrongful death lawsuit was settled in 2016 with the state of Missouri paying $9 million to the Ellingson family.