A judge gave a South Bend man convicted of drunk driving 60 days in jail and a 90 day license suspension after a 2014 traffic incident where a 33-year-old woman was killed.

John Staton also had all but two days already served suspended and will be on probation for 180 days, according to the South Bend Tribune.

Staton was behind the wheel when he hit and killed 33-year-old Amy Mitchell, who was trying to cross the street on East Ewing Ave., but was hit when she stopped to pick up a can of soda she had dropped.

Staton was found with a blood alcohol count of 0.117 at the time and was charged with operating a motor vehicle while intoxicated and causing death.

He was acquitted of that last, more serious charge because it could not be proven beyond a reasonable doubt that Staton’s operation of the vehicle caused her death. His defense argued that the incident happened at night and lighting on the street was poor.