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PROVO, Utah (AP) -- A man charged with attempted murder in the alleged beating and choking of his girlfriend has pleaded guilty to a reduced charge after the purported victim opposed his prosecution.
Eric Bierly, 38, pleaded guilty Thursday to third-degree felony assault by a prisoner on an officer, was sentenced to nine months in jail and may have the charge reduced to a misdemeanor if he completes all conditions of the sentence.
Bierly was accused of threatening to kill his girlfriend and then pounding her head against the floor and choking her until she passed out in a Provo motel room Aug. 27.
Sherry Ragan, chief of the county attorney's criminal division, said the plea deal was a good outcome the girlfriend wants to continue her relationship with the man and was not anxious to testify.
Bierly was given 98 days credit for time already served in jail.
Upon release from custody, he will be required to complete a domestic violence/anger management course. He will be on court probation, will have to pay fines and submit to drug and alcohol testing after getting out of jail.
Michael Petro, Bierly's attorney, said if his client complies with the conditions of his sentence, the felony assault on an officer will be reduced to misdemeanor and Bierly will be free to leave Utah.
Petro previously had questioned the woman's story, saying she told hospital workers she had consumed a 12-pack of beer that day.
(Copyright 2006 by The Associated Press. All Rights Reserved.)
