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Boston Marathon Bombing survivor angry Tsarnaev death sentence vacated

BOSTON — Boston Marathon Bombing survivor Marc Fucarile is angry that convicted bomber Dzhokhar Tsarnaev may escape the federal death penalty.

On Friday, a federal appeals court vacated Tsarnaev’s death sentence, ruling that the trial judge did not weed out anti-Tsarnaev bias before the blockbuster trial began. It’s a decision that has left Fucarile, furious.

“These judges should be ashamed of themselves, ashamed!” Fucarile declared. “He got a victory when they vacated that decision. A victory. And every terrorist that’s looking to hurt us, got a victory that day, Friday. They all did.”

PREVIOUS: U.S appeals court vacates death sentence of Boston Marathon bomber Dzhokhar Tsarnaev

Tsarnaev’s guilty verdict still stands.

But now, the Boston U.S. Attorney’s Office must decide if it wants to continue to seek the death penalty against him in a new penalty phase trial or if Tsarnaev will spend the rest of his life in federal prison.

“No matter what bias, or where he was tried, [Tsarnaev] admitted to doing these horrific acts. And the consequences for these horrific acts is the death penalty. Right? That’s what we should be going for. Because if it doesn’t warrant it, what does?” Fucarile asked.

When the second Marathon bomb exploded, Marc Fucarile was standing in front of the Forum Restaurant, just feet away from bombing victim Martin Richard and his family.

Angry about the death penalty reversal, Fucarile, over the weekend, posted images of what his body looked like in the hours and days after the attack that cost him his leg, and images of his long, painful road back.

He wants people to remember what happened. Fucarile hopes federal prosecutors will again seek the death penalty for Tsarnaev.

>>>MORE: Boston Marathon bombing survivors react to overturned Tsarnaev death sentence

And Fucarile said, if there is to be a new penalty phase trial for Tsarnaev, he is ready to testify.

“This guy, he never beat me. I seem angry, I seem upset. My life is great, honestly.” Fucarile said. “I’d love to see the day that he is put down so I can go to my resting spot knowing that he’s not alive.”

The U.S. Attorney’s Office in Boston has not signaled if it will again seek the death penalty against Dzhokhar Tsarnaev.