A former Texas Tech student who pleaded guilty to intoxication manslaughter will not be spending the night behind bars tonight.
But he will spend the next ten years with a probated sentence.
"We're not saying that we won. It's a tragedy," said Attorney Aaron Carter.
Capellan pleaded guilty to intoxication manslaughter in the July 2012 death of Britta Schneider on Tuesday.
Authorities say he hit Schneider with his truck while she was riding her bike near 4th and Texas Tech Parkway. Her body was found more than six hundred feet away from the site of the initial impact.
"I'm so sorry for what I've done...all the hurt that I've caused them," said Capellan after the trial.
A letter written by Schneider's mother, Heidrun, was read in court on Thursday.
"The news of Britta's death overwhelmed our family, as it did her friends and fellow students. It was as if a towering tsunami had hit – much was destroyed. Wounds tore open in our hearts that do not want to heal and that will not heal," it said.
A Lubbock county jury handed down the sentence after more than three hours of deliberation.
"Nothing that happened today was good. What I've been saying in court all week, this is a tragedy...that a young woman lost her life over a senseless act…a senseless act of drinking and driving and it's got to stop in Lubbock,"," said Carter.
Testimony revealed that Capellan's blood alcohol content was more than three times the legal limit when he hit Schneider.
"I will use this chance, this opportunity that has been granted to me to make a difference for her," said Cappellan.
Capellan has begun a safe ride program at the University of Texas at Arlington called "Gallop." He came up with the idea after the accident. It's a free ride service for students who have had too much to drink.
Copyright 2013 KCBD. All rights reserved.