A woman who pleaded no contest to negligent homicide in a Maui crash that killed a 96-year-old man will not go to jail.

That’s because the family of the victim didn’t want to see 48-year-old Roxanne Cumming behind bars. 

Maui Circuit Judge Richard Bissen had sentenced her Thursday to 30 days in jail for her involvement in last year’s crash that killed Masami Nikaido. The Maui News reports he soon changed the sentence to a year of probation and $17,000 in restitution after learning Nikaido’s relatives told lawyers they didn’t want a jail sentence for Cumming.

On April 11, 2010, Cumming was driving a Ford van when she rear-ended the Toyota sedan Nikaido was driving. 

In court, Cumming cried while she apologized to the family.