VIRGINIA BEACH, Va. (WAVY) — A security guard convicted of murder and sentenced to 15 years in prison will be released.

Lester Belmar, Jr. served four years and 10 months of his prison time. He was found guilty in 2012.

Belmar, a retired Navy veteran, owned a security firm. On March 21, 2011, he was working security for Hanger 09, a club off Lynnhaven Parkway. 

There were fights outside and in the nearby 7-Eleven parking lot.  Several shots were fired and Belmar saw Darrell Spencer get out of a car holding a shotgun.

Belmar says Spencer pointed the gun at several of his security employees, so he fired.  Spencer was struck in the head and died instantly.

“There has never been a day that goes past that I haven’t thought about him or his family,” said Belmar from inside the Virginia Beach jail.

Belmar was charged with second-degree murder and malicious wounding.  His attorney at the time of trial was Martin Bullock. Belmar relieved Bullock of his duties after his conviction.

He then hired Bob Morecock.  Morecock represented him at the sentencing a couple months later. 

Days after, Belmar was given 15 years in prison, Morecock had a conversation with a prosecutor.

The prosecutor asked Morecock why Belmar didn’t take the plea agreement. Morecock was “dumbfounded” to learn that there had been a plea offer.

Morecock asked Belmar why he had never mentioned it.  Belmar said he didn’t know what Morecock was talking about.

“I was highly upset to say the least,” Belmar said. “It was disbelief.  I couldn’t believe why would you do that?”

Belmar fought for years for his case to be heard.  Two weeks ago, Senior United States District Judge Robert Payne ruled that he had a case. 

The judge wrote that Bullock withheld the information, and Belmar’s convictions should be vacated.

Wednesday, Belmar was back in Virginia Beach Circuit Court. The murder charge was vacated. 

Instead, Belmar pleaded guilty to involuntary manslaughter and unlawful wounding.  Those were charges he would have pleaded to if he had taken the plea offer almost five years ago.

Judge A. Bonwill Shockley sentenced him to five years on each charge and suspended all, but four years and six months.  Since Belmar has already served more than that, he will be released.

Bullock sent 10 On Your Side a statement: 

“Let me start by saying I wish the best for Mr. Belmar and his family. I disagree with, but I support the decision of the federal district court on behalf of Mr. Belmar.  Mr. Belmar knows he was made aware of the plea offer and he also knows he knowingly rejected the offer.  I take full responsibility for my representation of Mr. Belmar.”

Belmar says it is possible he will bring a civil suit against Bullock.

“I’m not even mad at him,” Belmar said. “You have to forgot and I wish the situation hadn’t of happened. I’m not upset with him.”

Belmar says he’s learned a lot over the past five years.  He’s served as a prison minister counseling other inmates, and plans to keep up the work after he is released.

“I’ve gotten to meet a lot of different individuals that I may never have walked with or spoke with before the situation, but it has had its upside and downside, but it has changed me.”

Belmar tells 10 On Your Side he plans join his family in Florida.  He has a wife who is a Navy Chief, and four children.  His youngest was only one month when he went to prison.

“I never thought it would be this long,” Belmar said.  “You know, it is a long process.”