AUBURN - A man who was convicted in 2007 of dousing his girlfriend and her son with gasoline in an attempt to burn them alive was re-sentenced in Cayuga County Court Tuesday due to a court error.

Cayuga County Judge Mark Fandrich said the state's appellate division vacated 46-year-old Richard Walrad's original conviction because Fandrich failed to impose post release supervision as part of Walrad's 10 year prison sentence.

In exchange for pleading guilty again, Walrad will receive the same prison term with five years of supervision and will be credited for the time he has already served.

While Walrad said he would not raise a mental health defense or appeal on the basis that he could not remember committing the crime, he wanted the court to know he was not in his normal state of mind when the incident occurred on Oct. 13, 2005.

"At the time I was very messed up with lead poisoning and I would like everyone to know that if I was in the right state of mind, I don't think I would have done that," Walrad said.

Cayuga County District Attorney Jon Budelmann said Walrad was allowed to plead guilty under a special arrangement because everyone, including the defendant agreed there was enough evidence to win a trial.

With statements made by the victims, police officers and firefighters in addition to the forensic evidence, Budelmann said the prosecution had a solid case.

The evidence showed that Walrad attempted to kill his girlfriend after she began moving out of their home, Budelmann said. The victim's son was also covered in gasoline when he wrestled with Walrad to prevent him from using a lighter to igniting the home.

If Walrad had refused to allow the supervision to be added to his sentence, the case would have gone to trial, Budelmann said. If Walrad lost the case, he could have been sentenced up to 50 years in prison.