Oklahoma City, OK - An Oklahoma City doctor charged with driving drunk and killing a Guthrie father was back in court Tuesday. Prosecutors say he was caught drinking again New Year's Eve.  

Prosecutors wanted Dr. Bryan Perry's bond revoked. Instead, a judge sent him back to jail temporarily until he can get into a treatment facility. The family of Nicholas Rappa, the man he killed, told News 9 they are sick over the ruling. 

Back on October 12, police say Perry was driving his Mercedes down Interstate 35 in Edmond, when he hit the back of Nicholas Rappa's motorcycle. Perry kept going until he crashed into light pole.

Prosecutors say Perry’s blood alcohol was three times the legal limit and he's now facing second degree murder charges.

“My 3-year-old daughter cries every night for her daddy,” said the mother of Rappa’s daughter Sarah Bridwell “His parents are suffering a loss that no parent should ever experience.”

As a condition of his bond, Perry was forbidden from drinking alcohol, but prosecutors say on New Year's Eve a mobile breathalyzer recorded a breath alcohol content of .123.

“He’s drinking because he’s an alcoholic,” said Catt Burton, the prosecutor on the case. “He killed Nick Rappa on October 12th. He chose to go deer hunting instead of going to treatment, until we filed charges and his bond was revoked at that point in time.”

This time Perry told the judge he only had one beer and some cold medicine. But he also admitted he had a drinking problem and a judge agreed to let him get help.

“I think it’s fair under the circumstances,” said Perry’s attorney Scott Adams. “Dr. Perry has an alcohol problem that needs to be addressed and thank God he will have the opportunity to do that.”

Those close to Nicholas, however, say they wanted Perry remanded back to jail like was originally promised if he violated his bond.  

“It’s sickening, because he has no remorse,” said Bridwell. “He shows no remorse. Clearly by his actions but also his demeanor.”

Burton says they will object to Perry being released to any facility and especially a treatment facility that is not a locked facility.