MILWAUKEE (AP) — A Milwaukee man may soon be free after admitting he took the blame for a fatal hit-and-run to protect his son.

A judge on Monday vacated the sentence for 45-year-old Juan G. Silva Sr.

Silva had been sentenced to five years in prison, based on his confession.

The father turned himself in to police the day after the September 2013 crash, which killed a pedestrian and injured another.

But last week, prosecutors charged his son, 22-year-old Juan G. Silva Jr., with the crime.

Last month, a co-worker of the father's wife told police the woman said her husband was behind bars for a crime he didn't commit to keep their son free.

The complaint says the younger Silva then acknowledged he was the driver.