A Burnsville man -- initially charged with manslaughter in his best friend's shooting death during drunken horseplay -- was sentenced Monday to 90 days in jail on a lesser charge.
Michael Cody Schwartz, 26, is to serve half of the 90-day sentence and have the other 45 days stayed for one year on a misdemeanor conviction for recklessly handling a gun in the incident that left Logan D. Ahlers, 25, dead of a gunshot wound last year, ordered Dakota County District Judge Michael Sovis.
The judge credited Schwartz for serving nine days, so he has 36 days left to serve, but he can do work release, Sovis said Monday morning in Hastings.
Last month, Sovis acquitted Schwartz of second-degree manslaughter and four other charges in connection with the fatal shooting of Ahlers in November 2009. There wasn't conclusive evidence to convict Schwartz of the more serious crimes, which also included first-degree assault, Sovis ruled after a non-jury trial.
The judge also ordered that Schwartz serve one year on probation and perform 50 hours of community service, speaking to youth groups and in schools as directed by his probation officer. Schwartz had a previous conviction, at age 20, for drunken driving.
Conditions of his probation included following recommendations of a chemical dependency evaluation; no use of alcohol or controlled substance and random testing; no use or possession of guns, and forfeiture of the Glock semiautomatic pistol involved in the death.