A Chattanooga father is frustrated after waiting nearly three years for justice for his son. 

Two weeks before the case against five men accused of beating his son was set to go to trial, a judge dismissed the charges. 

Sherman Byrd addressed Judge Tom Greenholtz Tuesday, saying he feels like the system let him down. 

"When it gets to this point, you think it's the final point, that you're going to get justice and you don't, that's a let down. That's the system," Byrd said. 

His son, Jamaal Byrd, was beaten in an East 23rd Street parking lot nearly three years ago. 

The 36-year-old died a year and half later. 

"They beat him almost to the death. They left him there for dead," Byrd said, "He stayed critically ill and he never did bounce back and have a full recovery."

Jamaal Byrd, who was convicted of killing a man outside a Wilcox Boulevard gas station in 2010, found himself on the other side of the law testifying against his alleged attackers in court before his death. 

The case was set to go to trial in two weeks. 

But Tuesday, the judge dropped the charges against five men after Prosecutor Kevin Brown told the court there wasn't enough evidence in the case to prove guilt to a jury. 

"He identified them, he's the one that helped have them incarcerated at the time. Him and I both worked on this here to get them this far and he told exactly downstairs during the preliminary hearing what happened," Byrd said. 

Judge Greenholtz listened to Byrd's frustration, but said the court doesn't have the authority to require the state to take the case to trial, unless there's evidence of bribery or corruption. 

Byrd said he isn't finished looking into other options to seek justice for his son and save other families the heartache he's gone through. 

"You cannot do this and continue to do this and get away with it. But if the system keeps doing it, that's what going to happen. It's going to continue," Byrd added. 

A spokesperson for the district attorney's office wouldn't speak about the case publicly but did say District Attorney General Neal Pinkston plans on meeting with Byrd this week.