SAN FRANCISCO (AP) — The man convicted in the fatal 2021 attack of an older Thai man in San Francisco, which galvanized a movement against anti-Asian hate, will be able to avoid prison time, a judge ruled Thursday.

Antoine Watson, 25, was sentenced to eight years for manslaughter in the death of Vicha Ratanapakdee, 84. But, having already spent five years in jail awaiting trial, Watson received credit for time served, and San Francisco Superior Court Judge Linda Colfax said he could have the remaining three years suspended if he follows the rules of his probation.

Ratanapakdee’s daughter, Monthanus, expressed her family’s disappointment in a statement shared by Justice For Vicha, the foundation named for her father.

“We respect the court process. However, this is not about revenge — it is about accountability,” she said. “When consequences do not reflect the seriousness of the harm, it raises concerns about how we protect our seniors and public safety.”

Vicha Ratanapakdee was out for his usual morning walk in the quiet neighborhood he lived in with his wife, daughter and her family when Watson charged at him and knocked him to the ground. Ratanapakdee never regained consciousness and died two days later.

Watson testified on the stand that he was in a haze of confusion and anger at the time of the unprovoked attack, according to KRON-TV. He said he lashed out and didn’t know that Ratanapakdee was Asian or older.

San Francisco Public Defender Mano Raju, whose office defended Watson, also said at his trial that the defendant is “fully remorseful for his mistake.”

The Office of the San Francisco Public Defender did not immediately respond to an email requesting comment on Watson’s sentencing.

Footage of the attack was captured on a neighbor’s security camera and spread across social media, prompting a surge in activism over a rise in anti-Asian crimes driven by the COVID-19 pandemic. Hundreds of people across several U.S. cities commemorated the anniversary of Ratanapakdee’s death in 2022, seeking justice for Asian Americans who have been harassed, assaulted and even killed in alarming numbers.

Asians in America have long been subject to prejudice and discrimination, but the attacks escalated sharply after COVID-19 first appeared in late 2019 in Wuhan, China. More than 10,000 hate incidents against Asian Americans and Pacific Islanders were reported to the Stop AAPI Hate coalition from March 2020 through September 2021.

While the Ratanapakdee family asserts he was attacked because of his race, hate crime charges were not filed and the argument was not raised in trial. Prosecutors have said hate crimes are difficult to prove absent statements by the suspect.