LOUISVILLE, KY (WAVE) – A victim of attempted rape says she's terrified, days after her attacker is granted to shock probation. Michael Settles was found guilty by a jury for criminal attempt rape and sentenced to nine years, but he may be getting out much sooner than that.
It's hard for Sheryl Karrer to put the last two years of her life into words. "It has been awful," said Karrer, victim. "I live at home with my two small boys and when he was on home incarceration, he was five miles from my house."
Back in October of 2010, Michael Settles was found guilty by a jury for criminal attempt rape.
Karrer says in April of 2009, she had a birthday party for her sister at her home, while she didn't know Settles, they had mutual friends and he was there.
"I had gone to bed and he had fallen asleep at the kitchen table or passed out at the kitchen table after he was asked to get away from everybody," said Karrer. "I was upstairs sleeping and everybody else had gone asleep and that's when he came into my room."
Settles was sentenced to nine years in prison. Karrer was attempting to move on with her life when she got the news on Monday that her attacker was granted shock probation.
"We don't believe it is appropriate, in fact it is rare in cases where there is a conviction after a jury trial for something like rape for the court to grant shock probation," said Karrer.
In court on Wednesday, prosecutor Angela Johnson says she doesn't believe that this ruling should stand, because it came seven and half months after the hearing. She argues that a judge only has ten days to make a decision.
"He's not getting a pardon here, he's not being turned loose to just go wherever he wants," said David Niehaus, defense attorney. "He's being put on a very rigorous probation, that requires the sex offender treatment."
"I feel like I'm fighting to keep him in jail now," said Karrer. "I don't understand that, I did everything I was suppose to do. He was convicted and now I have to fight to keep him in there."
Judge Charles Cunningham decided to keep Settles behind bars as he reviews the law before making a definite decision. Whether shock probation will stand is now in the hands of the court of appeals.
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