BENTONVILLE -- Brian Post conceded Monday that prosecutors probably had enough evidence to convict him of sex assault and battery of a woman.
Post, 48, of Springdale was sentenced to 13 years in prison after a jury found him guilty of rape March 2. Post must serve nine years in prison before he will be eligible for parole.
The jury found Post innocent of attempted capital murder and three other counts of rape but could not reach decisions on first-degree battery and another rape count.
Benton County Circuit Judge Robin Green declared a mistrial, which meant prosecutors could retry Post on those two counts. That won't happen because of Post's plea on Monday.
Post pleaded no contest to second-degree sexual assault and first-degree battery, both felonies. Prosecutors changed the rape charge to sexual assault as part of the plea agreement.
"I am pleased that the defendant has been convicted of the remaining crimes he committed against the victim," said Nathan Smith, Benton County's prosecuting attorney. "The victim supported this resolution, since it ensured that the defendant would be convicted without the victim having to testify at another trial.
"My hope is that this resolution will help the victim close an awful chapter in her life."
Post is relieved to put the case behind him, said attorney Kevin Lammers, who represented Post.
"This means he is not going to have to put his family through another trial and he can now move on with his life," Lammers said.
Post was accused of raping and severely injuring a woman on May 19, 2015. The woman was found lying partially clothed in a pool of blood with a severely injured leg, according to the probable cause affidavit. The lower part of her right buttock and the back of her leg appeared to have been cut off almost down to the back of the knee.
The woman testified she believes she was drugged and woke up with Post standing over her in her home. She told jurors Post dragged her in the bedroom and repeatedly raped her. She also said Post injured her leg.
Post testified and denied raping or otherwise harming the woman.
He told Green on Monday he was not coerced into accepting the plea agreement and understood he was giving up his right to a trial. Post also agreed to waive any appeal of the rape conviction as part of the plea agreement.
The plea came under an agreement Lammers reached with Stuart Cearley, chief deputy prosecuting attorney. Green said she was told Post had no memory of committing the crimes but admitted to being an alcoholic and heavy drinker at that time.
He did not receive any additional prison time as part of Monday's plea. Post was given a 20-year suspended sentence, which means he could be sentenced up to 40 years in prison if he violates any terms of the suspended sentence agreement.
Post must register as sex offender.
Metro on 03/14/2017