FORT WAYNE, Ind. (WOWO): A 64-year-old man responsible for a fatal June 2016 crash won’t serve any time behind bars.

Gary Hermes made a plea deal Monday with prosecutors that will get him three years probation and also suspends his driver’s license for three years, although a judge could reinstate it after two years.

He was driving on Glendale Drive in Fort Wayne on June 22nd of last year when he didn’t yield the right of way and collided with another vehicle, killing his passenger, a 75-year-old woman.

The Journal Gazette reports Hermes “tearfully” apologized to her family during the hearing.

Police say the main active ingredient of marijuana was found in Hermes’ blood after the crash. Charges of driving under the influence of a controlled substance and drunk driving were waived.

He was also ordered to pay $7,143 in restitution.