DETROIT (WWJ/AP) – A judge has declined a second time to order a prison term for a Detroit man who chased and killed a suspected burglar.

An additional year of probation was added to Tigh Croff’s sentence for voluntary manslaughter.

Prosecutors who wanted a tougher punishment had persuaded the state appeals court to send the case back to Wayne County Judge Michael Hathaway for a new hearing Friday.

Police said the 34-year-old Croff, a former security guard, returned home in December 2009 to find the 53-year-old Silas and another man in his backyard on the city’s east side. Authorities said Croff chased 53-year-old Herbert Silas down the block, where Silas reportedly taunted Croff before he was fatally shot.

The judge said Croff has a good record behind bars and has had many “second thoughts” about the shooting.  He said Croff “felt hopeless” and was provoked by Silas,

The 34-year-old Croff already is serving a separate two-year sentence for using a gun during the incident. He’s supposed to be released in February.

At the time of his initial sentencing, Croff apologized to the victim’s family, calling himself a hypocrite and a sinner. Wayne County Prosecutor Kym Worthy called Croff’s sentence too lenient and “extremely inappropriate under the facts of the case.”

(TM and © Copyright 2013 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2013 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)


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