Authorities say Joe Rickey Hundley used a racial slur to refer to the 19-month-old black boy before hitting him under the eye as the flight from Minneapolis descended to the Atlanta airport last February. Hundley pleaded guilty in October to simple assault after reaching a plea deal with prosecutors.
Prosecutors had recommended a sentence of six months in prison, and Hundley reserved his right to argue for a lower sentence. U.S. Magistrate Judge Alan Baverman said he imposed a higher sentence in part because of Hundley’s criminal history, which includes a previous assault.
Hundley’s lawyer, Marcia Shein, objected to the deviation from the recommendation in the plea deal and said after the hearing that she believes the sentence is disproportionate.
Before he was sentenced, Hundley told the judge he took full responsibility for his actions and turned to apologize to Jessica Bennett, the toddler’s mother.
Hundley’s lawyer has said that at the time of the incident, Hundley’s only son was in a coma in Atlanta after an insulin overdose that was the result of a suspected suicide attempt. Hundley had spent the day before the flight talking to his ex-wife and doctors after his son was declared brain dead, Shein said, and he booked a last-minute flight so he and his ex-wife could take their son off life support.
“I made the most terrible day in my life much worse for me and for others,” Hundley told the judge.
Bennett has said Hundley became increasingly obnoxious and appeared intoxicated during the flight.
Hundley has been attending Alcoholics Anonymous meetings every day since March, is undergoing 15 hours of counseling a week and has been helping others deal with alcohol problems, Shein said. Hundley told the judge that he shouldn’t have had any alcohol the day of the incident.
Shein argued that Hundley has taken positive steps to address his alcohol and anger issues and would be better served by house arrest or a halfway house.
Baverman said the case was difficult and emotional for everyone involved. He said he understands the grief Hundley was experiencing and applauded the steps he has taken, but called the previous assault and probation for an alcohol-related offense troubling.
“You cannot assault another individual, regardless of how sad or upset, or even how intoxicated or sick, you are,” Baverman said.
Baverman also ordered Hundley to pay Bennett restitution of $105 and pay a fine of $2,500 to the government. The judge also ordered Hundley to serve a year of supervised release; undergo alcohol abuse treatment and anger management counseling; and perform 120 hours of community service, preferably in a homeless shelter.
Hundley will be allowed to report to prison once he gets an assignment. Shein said it was too early to decide whether to appeal.
Bennett gave an emotional statement to the court before the sentencing, saying her son immediately changed from a bright and curious child to one who was guarded and scared.
For her part, she suffered fear, anxiety and depression as a result of the attack, she said.
“It is my belief that Mr. Hundley is a bully,” she told the judge. “He saw an easy mark in a woman with a young child to unleash his bigotry.”
Bennett said after the hearing that she was satisfied by the sentence.
She said she didn’t believe Hundley’s apology was genuine.