Theopulus Gordon could have prevented the death of Eric Robinson last September, but he didn’t.FORT WAYNE – A 45-year-old convicted rapist who has spent about half his life behind bars will go back to prison for violating his probation.
Brian E. Mast pleaded guilty early this month to a misdemeanor charge of criminal trespass. On Tuesday, Allen Superior Court Judge John Surbeck said that bad behavior was enough to officially revoke Mast’s remaining probation term for a 1989 rape case.
Mast’s court-appointed attorney said Mast has about six months remaining on his probation term, given Indiana’s jail-time credit laws.
Originally, Mast was sentenced to 30 years for the 1989 rape of a woman in the 1200 block of Ewing Street. In 2009, the Indiana Court of Appeals overturned the case because of concerns about his mental health at the time of his guilty plea.
Mast pleaded guilty to rape in December 2010, under terms of a new plea agreement, and was sentenced to 25 years in prison and five years of probation.
But because Mast received credit for serving most of the original sentence, he was released from custody almost immediately.
Mast was in and out of the Allen County Jail much of last year for failing to follow Surbeck’s rules, which included attending regular mental-health exams and taking antipsychotic medication. During hearings last year, Mast said he was trying to wean himself off his medication.
In September, Mast was arrested at Fort Wayne Outfitters, 1004 Cass St., where he had previously been banned by police following a disturbance.
An argumentative Mast on Tuesday told Surbeck he admitted to the misdemeanor trespass charge but not that he failed to maintain good behavior.
“I had good behavior,” he said.
Defense attorney Christa Cook asked that Mast be kept at the county jail instead of a state-run facility because he could continue to receive mental-health treatment through Park Center. His court-appointed attorneys in the past have said Mast has been diagnosed with schizophrenia, bipolar disorder, major depressive disorder and post-traumatic stress disorder.
Mast interrupted, saying he would be willing to appear regularly before the court or serve time on house arrest – although where is not clear, as Mast is listed as being homeless when not incarcerated.
Surbeck said he did not believe any of those options were in the best interest of the community.
“We’ve tried all that,” he said. “We’ve not found it successful.”
