BENTONVILLE, Ark. (KNWA/KFTA) — A former Bentonville Fire Captain found guilty of battery and public intoxication is receiving a new trial.

Benjamin Snodgrass, 44, successfully appealed a guilty verdict after being set to serve a suspended sentence of 60 days. His new trial is scheduled to begin in the Garland County Circuit Court at 8:30 a.m. on August 29.

The appeal filing was made “on the basis that said decision is and was both contrary to the law and the evidence.”

Snodgrass is facing charges of third degree battery, a class A misdemeanor, and public intoxication, a class C misdemeanor. On March 13, 2021, he was arrested after attacking an Asian man and making racist remarks to him outside the Oaklawn Casino in Hot Springs.

Snodgrass’ defense argued in court documents that he had been “involuntarily intoxicated,” prior to the altercation. Hot Springs police dispatch released a 911 call in which Snodgrass told a dispatcher, “They’re probably f****** pumping gases like no one’s business.”

Bodycam footage from after the altercation shows Snodgrass telling police, “I don’t know guys, I’m hammered,” when asked about the fight.

Snodgrass was found guilty in October 2021 and filed an appeal later that month. He resigned from the Bentonville Fire Department on March 23, 2021, expressing “regret and an apology for any embarrassment to his family, fellow firefighters, friends, and the City of Bentonville” in a press release.