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(AP) LOS ANGELES George Russell Weller, whose car plowed through a Santa Monica Farmers market in 2003, killing 10 people and injuring 68, was sentenced Monday to five years probation after even prosecutors said prison might not be appropriate for the ailing 89-year-old man.

Superior Court Judge Michael Johnson said he agreed completely with the jury that convicted Weller last month of ten counts of vehicular manslaughter with gross negligence.

But he said Weller's health problems that include severe heart disease would make the 89-year-old a burden on prison authorities and taxpayers, and that imprisonment would most likely kill him.

"Sending Mr. Weller to jail or prison would be a burden on the prison authorities; it would require the taxpayers to pay the substantial costs of Mr. Weller's medical care; and it would most likely kill Mr. Weller. None of that is right, and it makes no sense, so I will place Mr. Weller on probation. I believe it's better to do that, and require him to comply with financial conditions that will assist the victims in recovering their losses," Johnson said.

The judge also called Weller's apologies hollow and said he "displayed an enormous indifference to human life."

Weller's daughter had told a judge that her 89-year-old father is "dying before our eyes" and should receive probation for killing 10 people and wounding 73 when his car roared through an outdoor farmers market three years ago.

The judge, persuaded by medical reports, allowed Weller not to attend the hearing. His lawyers said he suffers from a number of ailments, including fluid on the brain, has had a number of mini strokes and is neurologically impaired.

Defense attorney Mark Overland said in his sentencing memorandum that imprisoning Weller would serve no purpose.

Since the crash on July 16, 2003, he said, "Mr. Weller has lived a reclusive life in his home under circumstances equivalent to self-imposed house arrest." He said both Weller and his elderly wife require full time caretakers.

Weller was 86 when his 1992 Buick Le Sabre plowed 300 yards through the Santa Monica market at up to 60 mph. The victims ranged in age from 7 months to 78 years.

His lawyers said he panicked after confusing the accelerator with the brake. Weller did not testify, but jurors heard a taped interview with police immediately after the crash in which he said he tried everything he could think of to stop.

The jury deliberated for eight days before reaching the harshest verdict possible — guilty of 10 counts of vehicular manslaughter with gross negligence. It concluded Weller showed careless disregard and could have taken action to prevent the catastrophe.