FOLEY -- A Sauk Rapids man has been sentenced to one year in the Benton County Jail for a drinking and driving crash that killed his passenger last spring.

39-year-old Jose Fabian pleaded guilty in February to one count of criminal vehicular homicide in the death of David Eberle.

Fabian was seen speeding down 35th Avenue Northeast in Minden Township in March 2013 when he lost control on a curve and hit a tree. Eberle was not buckled in and was found dead at the scene with head trauma.

The judge sentenced Fabian to just under five years in prison, but stayed all but the one year in jail provided he abide by the rules of his probation.

Assistant County Attorney Karl Schmidt says the judge found Fabian had voluntarily completed a treatment program and was a legitimate candidate for the stayed sentence. Fabian will be on probation for 10 years and must abstain from all mind altering chemicals and perform 40 hours of community service involving alcohol impact classes.

Records show Fabian has a prior DWI conviction from January 2006.