KETCHIKAN, Alaska (AP) — A commercial fisherman found guilty of criminally negligent homicide in the death of a Kansas diver who died while harvesting sea cucumbers was sentenced to three years in prison.

A judge suspended two years of the sentence for 33-year-old Joshua Wodyga. A jury in January convicted him on the lesser charge but found him not guilty of manslaughter.

Prosecutors argued that Wodyga’s negligence in maintaining an air compressor and air filter led to the death of 32-year-old Levi Adams, of Leawood, Kansas. He died of carbon monoxide poisoning and drowning while he and Wodyga were diving in October 2013 in waters off Mountain Point.

Wodyga’s public defender, Mark Osterman, said he plans to appeal the sentence.

Prosecutors charged Wodyga after concluding the air compressor on Wodyga’s boat was marked as not for human use. They also said Wodyga had not properly maintained the air compressor.

A defense attorney at Wodyga’s arraignment said the Coast Guard had concluded the death was accidental.