A 32-year-old Eudora man who pleaded guilty May 7 to attempted aggravated assault with a deadly weapon and criminal possession of a weapon by a convicted felon was sentenced to almost two years in prison Wednesday.

Seth Lee Smiley

Seth Lee Smiley was arrested in March after allegedly stealing a $60 flashlight from a Lawrence Wal-Mart and threatening an employee with a knife.

Lawrence Police Department spokesman Sgt. Trent McKinley said officers arrested Smiley at his Eudora home Wednesday after personnel at Wal-Mart, 3300 Iowa St., told officers the man left the store without paying for a flashlight.

When an employee followed Smiley out of the store and asked him to return inside, Smiley allegedly produced a pocketknife and “moved toward the employee in a threatening manner,” McKinley said.

After the alleged assault, the employee retreated inside the store, McKinley said, and Smiley left the parking lot in a vehicle.

Smiley was originally charged with aggravated burglary, aggravated assault and theft in connection with the incident, but plea negotiations yielded the charges he ultimately pleaded to, according to court records.

Smiley has an extensive criminal history in Douglas County, according to court records, including convictions for aggravated battery, aggravated assault with a deadly weapon and domestic battery. He has been charged with more than 15 crimes in Douglas County District Court, stemming back to juvenile cases in 1998.

Douglas County District Judge Paula Martin told Smiley on Wednesday that she “never thought (Smiley) would get to the point of prison.” Martin said she had known Smiley for years in the court system.

“I always thought you would get it figured out,” Martin told Smiley. “This is a sad day.”

Smiley, who had appeared stoic throughout the sentencing hearing, began to cry after Martin’s comments.

Smiley’s attorney, Hatem Chahine, said drugs have played a significant role in his client’s past decisions. Smiley apologized to the court for his behavior.

Martin, following plea negotiations and Kansas Sentencing Guidelines based on Smiley’s criminal history, sentenced Smiley to 23 months in prison. He has 84 days of time served toward that sentence.

After his release, he will have to be on supervised release, or parole, for 12 months.