It must have been a tough decision.

But a judge has ruled that the 89-year-old driver who caused the tragedy at the Santa Monica farmers market will NOT have to go to prison. He won't even spend one day in jail.

Judge Michael Johnson says George Russell Weller deserves time behind bars.  After all, by plowing his car through the crowd of people on that day three years ago, Weller ended the lives of 10 people.  He hurt dozens more.

He was convicted of felony vehicular manslaughter.   Ten counts. 

"However, because of his rapidly declining health, I will place him on probation," the judge said.

The decision came after an emotional court hearing.

Relatives of a woman who was killed while buying flowers that day testified.  Family members of Lynne Weaver broke down.

"I will never get to see my mom again," said Weaver's daughter.  "Why should he get to see his family?"

Weller was not present in court to hear her cry.   His lawyers said he was too sick.

"He's a coward for not showing up to listen to what all of us have to say," said Weaver's daughter.

But Weller's attorneys said prison time would serve no purpose.  He's one month shy of 90 years and in frail health.  He cannot walk, needs 24-hour care, and wears a diaper.

"He's dying before our eyes," Weller's own daughter wrote, in a letter to the judge.

He is "already a prisoner of his own remorse and guilt," his defense lawyer argued.

And, in the end, the judge sided with the defense, saying "sending Mr. Weller to jail or prison wouldn't do anyone any good."