Boisean could have gotten 20 years for battery with intent to rape. Judge gives him probation.

A Boise man who was found guilty of felony battery with the intent to commit rape in July was handed a suspended prison sentence and 10 years of probation Monday afternoon.

Zackary Byrd, 19, was sentenced to 10 years in prison, with three years fixed, by 4th District Judge Richard Greenwood, but all of that time was suspended, meaning he will not serve any more days behind bars if he follows the terms of his probation. Byrd had been in custody at the Ada County Jail since September 2018. He faced a maximum of 20 years in prison on the charge.

Byrd also must register as a sex offender, submit a DNA sample and thumbprint to the state, pay restitution, maintain a no-contact order with the victim, and undergo sex offender treatment and substance abuse treatment.

Byrd was indicted last October on charges of rape and felony battery with intent to commit rape. His first trial, in April, resulted in a hung jury. At his retrial, a jury found him not guilty of rape but guilty on the felony battery charge.

“I don’t think prison is going to add anything to this,” Greenwood said during sentencing. “Prison is more likely to make the problem worse.

“I don’t see a rehabilitative purpose requiring him to serve more time.”

Prior to Greenwood’s sentence, the victim read a statement to the court. The Statesman does not identify victims in sex crimes.

“I am so damaged by your actions ... I am emotionally hurt,” the woman said. “Since that day, I have suffered night terrors and nightmares.”

The victim also struck a somewhat forgiving tone, though, saying she believes that Byrd can be rehabilitated.

Prosecutor Katelyn Farley asked for three years of prison fixed with an additional 12 years indeterminate, with credit for time served. Byrd’s attorney, Jon Cox, said that because his client has a strong support system, he would be unlikely to reoffend.

“He’s a smart kid who understands why he’s sitting where he is. He is amenable to treatment,” Cox said. “He recognizes he put himself there.”

Byrd issued a statement to the court prior to sentencing.

“I made the worst decision of my life,” he said. “I also want to take time to apologize ... and let her know it’s not her fault.”

Greenwood said that substance abuse problems, which Byrd admitted to, were no excuse for his conduct, and the judge called his act “atrocious.” He also mentioned that a presentence evaluation of Byrd revealed “serious concerns about (Byrd’s) underlying personality and thought process.”

“(She) did not deserve this treatment. It is absolutely not her fault,” Greenwood said. “Drugs and alcohol do not cause this kind of behavior. It is that simple.”

Still, the judge decided on no more time in prison for Byrd, who served 394 days in jail.

Need help?

The Faces of Hope Victim Center is available for victims in need of emergency services at 417 S. 6th St. in Boise. Victims should call 911 in emergencies or call 208-577-4400 on weekdays during business hours. Faces of Hope provides free medical care and forensic examinations for victims, as well as assistance with filing police reports and mental health care.

Survivors who may need help are also encouraged to contact the National Sexual Assault Hotline at 1-800-656-4673.