A former prison guard will not spend any time behind bars for his role in the death of a Halawa Correctional Facility inmate in 1998.

Brian Freitas, 40, was placed on one year probation yesterday by Circuit Judge Dexter Del Rosario. He was found guilty in August of third-degree assault, a misdemeanor punishable by a maximum of one year in prison.

Freitas had been charged with manslaughter in the death of inmate Antonio Revera. Manslaughter carries a maximum term of 20 years in prison. Revera, 26, was serving 10 years for kidnapping and attempted sexual assault.

Freitas was one of several guards who restrained Revera after he became unruly while being transferred out of the prison's medical unit in April 1998. Prosecutors said Freitas slammed Revera's head on a concrete slab at least twice.

But the defense argued that Freitas held Revera's head and attempted to prevent him from hurting others. Freitas was the only person charged.

Freitas' first trial ended with a hung jury in 2003. In a jury-waived trial in August, Del Rosario found Freitas guilty of the lesser charge.

Yesterday, Freitas pleaded with Del Rosario for probation. Freitas apologized to Revera's family and said he was "just doing my job" and "looking out for the safety of others."

"I live every day just knowing a life has been lost," Freitas said.

Freitas, who works for a private security company, said he has led a clean and honest life since the incident. He also said that a prison sentence would "close the door" to any chance of pursuing his career in law enforcement.

After Del Rosario placed him on probation, Freitas lowered his head and choked back tears. Outside the courtroom he said he was grateful for the second chance.

"Now I can move on with my life, and I can go ahead and provide for my family and live a normal life again," Freitas said. He would not comment on how he felt about being the only person prosecuted in the case.

Deputy Prosecutor Russell Uehara had asked that Freitas be sentenced to a year in prison because a person had died.

Del Rosario said there was no evidence that Freitas caused the death of Revera, but he was convicted of knowingly and intentionally causing bodily injury. Del Rosario pointed to Freitas' clean record and said Freitas has become a "responsible member of the community" and is remorseful.

Deputy Public Defender Walter Rodby said his client was a "scapegoat" and said the people who looked into Revera's death "did not conduct a fair investigation."

Reach Curtis Lum at culum@honoluluadvertiser.com.