WAUSAU, WI (WTAQ) - A Marshfield man will not go back to prison, after he was convicted for a second time of felony murder in the death of his girlfriend four-and-a-half years ago.
32-year-old Eric Mayer was granted a second trial, which he gave up Monday after striking a plea deal in Marathon County.
He pleaded no contest and was sentenced to 585 days -- the time he already spent in jail. He must also spend about six-and-a-half years under extended supervision.
Mayer was accused of hitting 43-year-old Cynthia Tyler during an argument after they returned to their rural Stratford home from a fish fry in March of 2009. She died the next day from a ruptured brain artery.
Mayer was sentenced to 10 years in prison, but he was given a new trial after his original attorney failed to tell him what the state had to prove to convict him.
The plea deal was set up after prosecutors lost part of Tyler's preserved body during an autopsy.
Assistant DA Lance Leonhard said the evidence would have been crucial, because the defense was planning to offer an alternative theory of why Tyler died.
The judge allowed Mayer to move to Outagamie County and serve his supervision time there. He must also pay $7,600 in court costs and restitution.