An elderly man arrested for leaving the scene of a fatal boating accident in February will not spend any time behind bars.

75-year old Robert Barnhart was traveling in Boca Grande Pass when he hit a boat being piloted by Richard Niehaus. The collision caused Niehaus to fall overboard and subsequently drown.

Barnhart didn’t call law enforcement until more than an hour after the crash, and admitted he never even slowed down, much less stop to assist Niehaus.

He was sentenced to just two years of community control followed by three years on probation…which consists of not being able to own or operate a boat and having to take a boater safety course.