After the Kansas Court of Appeals upheld the conviction for a 44-year-old man convicted of one count of felony battery of a law enforcement officer, but ruled that Judge Trish Rose used the wrong statute to order to Bradley Verstraete to Larned, the judge Friday discharged the case at the request of the defense.

That means that he will be released noting that he has served his sentence in the case.

A second jury in a later trial found Verstraete “not guilty,” of aggravated assault charges against law enforcement because they thought he suffered from a mental illness. You may recall that Judge Rose order Verstraete to Larned for an indefinite period after that decision.

Verstraete had earlier sought relief believing the he had improved enough where he could function in public and wanted to be set free, but the judge wasn’t convinced after Dr. Stephanie Adam with Larned State Hospital testified that he’s still mentally ill. She testified that he suffers from a number of mental disorders, and while she interviewed him at the hospital, he had trouble staying on topic and still heard voices, and believed that he hears god. Judge Rose at the time said she felt he wasn’t at the point where he wouldn’t pose a danger to himself or others. That apparently has now changed.

Verstraete threatened law enforcement officers with a machete when they responded to a concern for welfare case. There were two trials for the incident which occurred back on February 22, 2008 when police were called to a home at 726 East 1st, on the report of residents having trouble with Verstraete and he reportedly threatened four officers with the machete when the arrived at that home.

Judge Rose sentenced Verstraete to 21-months for felony battery of a law enforcement officer, but also ordered time served because he had been in custody in the case since February of 2009.