Rare Ruling Gives Probation To Man Who Killed Girlfriend On New Year's Eve

SACRAMENTO (CBS13) — A man accused of shooting and killing his girlfriend on New Year's Eve walked free after he was only given five years probation on Wednesday.

Sacramento County Deputy District Attorney Rod Norgaard said the case against 24-year-old Stephen Lucas was something unique in his 25 years of prosecuting suspects.

"Rarely do we see the victim's family plead for mercy for the defendant in a homicide," Norgaard said.

Lucas admits pulling the trigger that night. Investigators say he was arrested after he fired a gun during a New Year's celebration. The bullet hit his girlfriend, Kayley Leavitt. She died hours later, leaving the couple's toddler without a mom.

"He's been extremely remorseful from the very day that it occurred," defense attorney Diane Howard said.

Facing more than a decade behind bars, Lucas pleaded guilty to involuntary manslaughter and other weapons charges, but he won't step foot inside a state prison. He was given five years of probation.

Norgaard says his office was flooded with letters from the victim's family begging for Lucas' release, and the judge feels he has already paid the price.

"The court can't image what kind of hell you've gone through everyday," said Sacramento County Superior Court Judge Michael Bowman. "And there's no punishment the court could impose that you haven't imposed on yourself."

Norgaard says even though it's a homicide case, he doesn't regretting allowing Lucas to walk.

"It's very rare that someone gets probation after a homicide but its just is what it is in this unique instance," he said. "Twenty-five years I've never seen anything like it, doubt I'll ever see it again."

The judge says if Lucas violates his probation he faces up to 14 years in state prison.