The former group-home employee who abused a disabled client will remain free on probation, a Douglas County judge decided Wednesday.

In August, Eric S. Wyatt pleaded guilty to three counts of abusing a disabled client in the summer of 2005 while working at Ponderosa House, a group home owned and operated by Community Living Opportunities. Wyatt admitted to physically injuring the victim with a shoe and placing his fingers in the victim’s mouth.

According to sentencing guidelines, Wyatt would serve only probation for the two felony counts because he has no criminal record.

Prosecutors asked for prison time, however, saying that the abuse was severe and that the client couldn’t defend himself.

Douglas County District Court Judge Michael Malone ruled Wednesday that those arguments were already included in the original charges: abusing a dependent adult. The state, Malone said, couldn’t use those arguments twice.

“In fact,” Malone said, “if the victim were not (disabled), the defendant would not be guilty of the crime.”

Malone sentenced Wyatt to community corrections probation that will include constant surveillance, community service and an anger management class.

Before sentencing, Wyatt apologized to the client he abused and his CLO co-workers.

“Looking back, it’s abhorrent that it reached the point that I did what I did,” Wyatt said.

Malone said that he understood the stress that comes with being a caretaker, including low pay and long hours.

He also said he understood the state’s desire to send a message to others who might abuse the disabled.

But he said Wyatt would now have to live with felony convictions and the related guilt.

“I think the likelihood of you reoffending is about zero,” Malone told Wyatt.