A victim’s family is upset after a man involved in a home invasion and murder was not sent back to prison Monday for allegedly violating his probation. 

Benito Lopez was sentenced to 15 years of the 42 years he faced for the 2006 attack on 61-year-old Rit and 68-year-old Carlos Atencio. 

They were beaten and stabbed nearly to death in their Cuba home. 

He also played a role in the murder of his friend, Alex Ogle, after he refused to take part. 

Lopez was released in March, but his probation officer says he tried to cut his ankle monitor and failed to show up for drug testing. 

“He’s not going to stop. He’s going to keep doing what he wants to do because it’s a big joke. I need for them to enforce the stiffest penalty,” Miranda Ames, a relative of Ogle, said. 

Monday, prosecutors asked Judge McDonald to make him serve the rest of his sentence. 

The judge says he’ll wait to rule until after a parole violation hearing at the end of the month.