WHEELING, W.Va. — Former Jefferson County Sheriff Bobby Shirley is going to federal prison for 12 months and one day. 
On Monday, U.S. District Judge John Preston Bailey sentenced Shirley for his role in the December 2010 beating of a robbery suspect.
Shirley plead guilty in January to one count of deprivation of rights. He resigned from office shortly before entering that plea.
He severely stomped and kicked Mark Daniel Haines who had been arrested for a bank robbery following a police pursuit in December 2010.
Video cameras in the nearby cruisers captured what happened.
U.S. Attorney Bill Ihlenfeld had asked for a 30 month long sentence for Shirley. He previously told MetroNews what Shirley did was unreasonable and excessive and “he crossed the line.”
“We respect the sentence that was imposed by the court and we understand why it was imposed, but we did ask for something a little more significant,” Ihlenfeld told MetroNews on Monday.
Shirley will also have to serve 18 months on probation and pay restitution of more than $1,800.
Ihlenfeld says several people, including a police chief and county commissioner, testified on Shirley’s behalf during Monday’s sentencing hearing. His law enforcement career was also taken into account.
The U.S. Attorney admits it is strange to be in the position of prosecuting a law enforcement officer.
“It’s certainly not fun. It’s not something that I like to do, nor do I Iike the fact that my office has to deal with these cases because, for the most part, we are partners with county sheriff’s departments and local police departments and the State Police and all law enforcement agencies,” Ihlenfeld said.
“So to have to be on the other side of a case like this is not something we enjoy doing.”
Shirley had faced the possibility of up to ten years behind bars.