Probation started Wednesday for Peter Breitnauer, the former Kenmore Police Chief who pleaded guilty to taking hydrocodone pills from a prescription drop box last year.

BUFFALO, N.Y. — One year of probation started Wednesday for the former Kenmore Police Chief found guilty of taking pain pills from a New York State Medication Drop Box at the Village of Kenmore Police Station last year.

Besides probation, the federal judge hit 69-year-old Peter Breitnauer with a $1,000 fine.

This is a much lighter sentence than what he was facing when he was first charged in October 2018.

Breitnauer was accused of taking disposed pills for personal use. Agents found more than 100 hydrocodone pills in a closet in his office.

Initially, Breitnauer was looking at up to a year in prison and a $100,000 fine. However, he pleaded guilty to a reduced charge in January after agreeing to a plea deal in December.

And Wednesday morning, in federal court, Breitnauer found out that if he complies and doesn't commit any more crimes during his probationary period, the misdemeanor conviction will be expunged.

"It would be as if he were never arrested," said Tom Eoannou, Breitnauer's lawyer. "Everything would be erased."

The judge also stated that Breitnauer cannot possess any drugs he is not prescribed to take and that he must participate in a substance abuse program with regular testing.

Eoannou told the judge and reporters that his client is no longer using hydrocodone for pain, just ibuprofen, an over-the-counter pain reliever.

He asked for compassion from the judge, saying Breitnauer had already been punished enough with five months of pre-trial supervision and his reputation destroyed.

"What I had said in court was, 'If there was anything that could cloud Pete's judgment ... it was pain and dedication to the job.' " the defense attorney said. "He came back from retirement. He did everything he could."

Eoannou told reporters that Breitnauer had four surgeries around 2012, for his knees, spine, and shoulder.

"Fifteen opioid prescriptions, 1,100 pills later," Eoannou said after the hearing, "it was just too much to beat."

Eoannou added, "He wasn't an addict. He didn't abuse them. He took them when the pain became too great. It was a mistake. He readily acknowledged it."

At the sentencing hearing, the defense presented the judge with an 87-page sentencing memo, which included 39 letters supporting Breitnauer; written by police chiefs, officers, firemen, and other members of the community. 2 On Your Side requested that document, but we're told it was sealed by the court.

"They all wanted to come in support of Pete," Eoannou said of the lack of character witness testimony. "But Pete said it was his problem, and he wanted to stand here alone. And I give him credit for it."

Breitnauer read a statement before the judge, getting emotional at times. He apologized, saying that he's "deeply regretful" and "fully accepting responsibility for the crime." He called his conduct "sheer ignorance ... sheer stupidity."

The federal prosecutor told the judge that 69-year-old Breitnauer had no prior arrests and had been cooperative with federal agents during the investigation and expressed remorse.

Federal Magistrate Judge Kenneth Schroeder was admittedly impressed by information in the sentencing memo, which outlined Breitnauer's 50 years in the military, firefighting services, and law enforcement. However, Schroeder went further to say that since Breitnauer had been a police chief, he had a greater obligation to abide by the law.

Schroeder said prior to delivering his verdict that coming to a sentencing decision, in this case, is difficult because no matter what sentence is imposed, there will be backlash; either from those who feel there is a double standard for those in law enforcement or that the sentence was too harsh.

While Breitnauer and his attorney walked out of court Wednesday pleased with the verdict, Eoannou told reporters the former police chief still has ongoing issues with the Village of Kenmore.

Breitnauer's attorney brought up in the sentencing hearing that the Village is trying to strip his client of his health care benefits. We're told his pension has not been impacted.

"It's being resolved, hopefully," Eoannou said. "They were trying to take away his health care benefits, which would be devastating to a man that has dedicated 34 years of his life to the police department and 44 years to the fire department. We're optimistic that won't happen."

Eoannou said the Village of Kenmore passed a resolution and they're currently in negotiations with village leaders.

2 On Your Side reached out to the Village Clerk/Treasurer, Kathleen Johnson, who released the following statement via email:

"Contrary to what may have been stated today, the Village has not passed any resolution relating to former Chief Breitnauer. The Village, however, will continue to assess whether any further steps should be taken. Because of the nature of this matter, it would be inappropriate for the Village to comment further."