Man gets 5 years probation in girlfriend's drowning

VISALIA, Calif. -- A California man won't be heading to prison for his girlfriend's death, instead Michael Huckaby was sentenced to five years probation.

Michael Huckaby pleaded guilty to voluntary manslaughter In the death of his girlfriend Jamie Atkerson, 38, in 2011. Wednesday, he was sentenced to five years probation -- but if he violates any of the terms, including contacting the victim's family in anyway, he'll likely be sent to state prison.

Huckaby was originally charged with murder in this case, but when more evidence came out, prosecutors offered Huckaby a plea agreement to voluntary manslaughter.

Huckaby wasn't charged with the 2011 crime until more than two years later because of a lack of evidence in Atkerson's drowning death at the mobile home they shared by Mooney Grove Park.

A water death investigator testified that the lack of water on the bathroom floor and the fact that only the victim's upper body was soaking wet proves she was killed by drowning. Another medical examiner from North Carolina testified that her fingers weren't wrinkly -- proof she wasn't in the tub as long as Huckaby says she was.

"This case, it presents a unique set of facts and we've always had the belief that this was more than just an accidental drowning, that it was actually murder, but it required a lot of investigation by Visalia Police Department and a lot of experts that we don't have locally," said Anthony Fultz, assistant district attorney for Tulare County.

At the time of Atkerson's death, she had toxic levels of the prescription drug Xanax in her system, and her blood-alcohol level was 0.18. Her mother also says Atkerson and Huckaby were in an abusive relationship for years.

"There was a history of a lot of physical abuse in this case. Just a few months before he had tried to strangle her. She had marks all over her neck, but she was so scared," said mom Arlene Lara.

Just three years before Atkerson's death, Huckaby's previous wife died in the same mobile home. Her death was ruled accidental.