Nearly two months after a dump truck rolled down a hill in a Hillsborough subdivision and killed a five-year-old boy, a Harnett County man was sentenced on Monday.

Multiple outlets are reporting 28-year-old Alejandro Suarez entered a no contest plea in Orange County Court to a misdemeanor charge of death by motor vehicle.

Five-year-old Everett Copeland was playing outside the day after Christmas when he was struck and killed by a dump truck that rolled down a hill in the subdivision.

Suarez left the truck unattended, according to warrants, while the truck was being loaded with dirt.

Orange County District Attorney Jim Woodall reportedly said in court on Monday morning that a mechanic told officials that it appeared the truck’s brakes were engaged when Suarez exited the vehicle. But Woodall said the mechanic’s report cited the weight of the truck’s load becoming too much for the brakes to hold.

Suarez was sentenced to 65 days in prison, where he has already served nearly that entire sentence while being held awaiting resolution of the case.

Federal authorities are set to take custody of Suarez once his sentence has been served as he is facing deportation.

Copeland’s family was in attendance on Monday and has filed a wrongful death lawsuit against Suarez, the company he was working for and the company overseeing the neighborhood development.