Driver who killed pedestrian avoids jail

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WHITEHALL, Wis. (AP) -- A driver who had texted minutes before striking and killing an elderly woman in a crosswalk will avoid incarceration if he complies with his sentencing conditions in Trempealeau County.

Forty-one-year-old Timothy Peterson sobbed and shook with his head in his hands Tuesday when Judge John Damon sentenced him to a five-year diversion agreement which requires him to serve 200 hours of community service. Peterson must spend half of that time talking to teens about the dangers of texting and driving.

Eighty-six-year-old Cecelia Killian was killed Jan. 9, 2013 as she crossed a street in Independence. Peterson's cellphone showed he had texted on his cellphone two minutes before the crash. The victim's family reportedly endorsed the diversion agreement, saying a prison sentence would only hurt another family.