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Earlier this month, Joe Rickey Hundley, an executive with defense contractor AGC, got upset at a toddler crying next to him.  So what did he do?  He yelled at his mother to "shut that n*** baby up" and slapped the little boy across the face.  According to the boy's mom, Hundley was drunk to boot.  He was brought up on federal assault charges, and this past weekend AGC fired him.  Read more about this at Luckydog's diary.

I ran the simple assault charge Hundley faces through the Sentencing Guidelines Calculator.  He faces as much as 10 months under the guidelines, though there's a chance that Hundley could get off with as little as probation.  Sorry, but that doesn't sit well with me.  It would be a pretty big stretch to call this a hate crime--all indications are that he used the N-word in the heat of the moment.  But you still have a case of someone hauling off and hitting a child in public.  That's something no civilized society should tolerate, or even appear to tolerate.  

Hundley needs to go to prison.  And preferably for the 10 months max he faces under sentencing guidelines.

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Comment Preferences

  •  It'll never happen, and it couldn't happen (5+ / 0-)

    to a worse guy.

    I see what you did there.

    by GoGoGoEverton on Tue Feb 19, 2013 at 03:21:20 PM PST

  •  He's a bad guy, but I'm pretty sure (14+ / 0-)

    our criminal justice system is equipped to deal with him appropriately. It was nasty that he smacked the kid, clearly, and nasty that he used the N word. But the guy was apparently drunk, so likely is an alcoholic. He's now lost his job and faces serious charges. Is this not something that could be handled with a mandatory detox program and community service oriented toward racial sensitivity? Perhaps, perhaps not. But I'm not one to insist on a prison term without sitting on the jury myself and getting a more complete picture of the man and exactly what happened on that day. We don't insist on incarcerating people in this country based on hearing news reports, and we don't do so without hearing what the defendant has to say and allowing him legal representation.

    •  If there wasn't a child involved, I'd be fine (10+ / 0-)

      with just probation.  But the fact it was a child, to my mind, makes me think he needs to do some prison time.

      The NRA's response to calls for responsible gun law reform: noun, verb, Second Amendment

      by Christian Dem in NC on Tue Feb 19, 2013 at 03:50:51 PM PST

      [ Parent ]

      •  Some of us think that saying that (9+ / 0-)

        someone should go to prison should be the exclusive purview of those that hear the facts presented in court, not on CNN or the Huffington Post. We're progressives; we don't take the state's extraordinary right to imprison it's citizens lightly. Can't we just agree he's a douchebag who should be ably prosecuted, and hold off on jumping to the conclusion that he "must" be locked away? Please?

        •  This guy already lost his job... (5+ / 0-)

          ...over this issue.

          I think the guy's a jerk too, but let's get a grip.

          No priors, no significant harm to the child, etc. The guy made an exceedingly poor decision (one time), and lost his job over it. I agree that substance abuse and other classes may be a good idea, but prison? What public policy will that serve? And he's going to be civilly sued by the family it looks like.

          And the fact that every goddamn diary on this subject has leading headline 'defense contractor' is somewhat offensive. Most people involved in defense are like most people: most of them are honorable and ethical people doing their jobs the best they know how. It seems like these diaries are trying to subtly throw rocks at defense people. What if I posted multiple diaries about malfeasance by some teacher or other (maybe sleeping with students, which happens every day it seems), trying to subtly imply negative things about teachers in general?

          (-5.50,-6.67): Left Libertarian
          Leadership doesn't mean taking a straw poll and then just throwing up your hands. -Jyrinx

          by Sparhawk on Tue Feb 19, 2013 at 05:11:04 PM PST

          [ Parent ]

          •  Yeah, it did strike me as pretty random (1+ / 0-)
            Recommended by:
            Sparhawk

            that he was a defense contractor (or an executive for that matter). Groups of all persuasions have some individuals who are mean drunks. I think his punishment should be that he is confined tied up with dozens of babies surrounding him and crawling over him at all hours, screaming their heads off.

          •  Former defense contractor, emphasis "former"... (0+ / 0-)

            ...the guy was a defense contractor. That shouldn't have been mentioned?

            Cheers.

          •  Why did ref to"defense contractor" feel OK (0+ / 0-)

            ...to me when I read the diary?

            I asked myself this question, and then I answered it as follows:

            Hostility to blacks is often catalyzed, deepened, rationalized and/or disguised as hostility towards:
            --takers of government benefits, and/or
            --violent conduct.

            In reality, who are the biggest:
            --beneficiaries of government spending, and
            --contributors to violent conduct?

            Blacks or Defense Contractors?

            Miser-Lie Index to trump Misery Index (http://www.dailykos.com/blog/emorej%20a%20Hong%20Kong/)

            by emorej a Hong Kong on Wed Feb 20, 2013 at 07:32:23 AM PST

            [ Parent ]

        •  And some of us (2+ / 0-)
          Recommended by:
          Ahianne, bewareofme

          are aware that we can't actually sentence someone to prison, or violate their right to due process in any way, by posting our anonymous opinions on the Internet.

          Some of us are able to have an opinion on an issue of moral justice that is independent of and sometimes even conflicts with the relevant law.

          Some of us are able to respect the need for due process within a structured judicial system and still believe that a particular outcome of that system is or would be morally unjust.

          We're progressives. We see the world in shades of grey; we understand that due process and the legal system can be good and necessary and deeply flawed all at the same time. We understand that right, wrong, guilt, innocence, and and moral justice exist independently of the law and the verdict of a jury; that O.J. Simpson isn't actually innocent just because a jury said he was, and that the morality of gay sex (and the injustice of prosecuting people for it) didn't suddenly change when Lawrence v. Texas was decided.

          We've learned, from far too many examples to count, that we have not only the ability but the responsibility to make our own judgments on issues of justice. We've learned that all of the advancements in civil and human rights in our time have been made by people who refused to believe that the law was the final word on what was right and wrong or true and false.

          "Let’s just move on, treat everybody with firmness, fairness, dignity, compassion and respect. Let’s be Marines." - Sgt. Maj Michael Barrett on DADT repeal

          by kyril on Wed Feb 20, 2013 at 04:59:07 AM PST

          [ Parent ]

          •  A very eloquent defense (1+ / 0-)
            Recommended by:
            Sparhawk

            of mob rule. Get out the pitchforks, we got us a prisoner! How can you take your position so seriously, when the only information you have comes from the media and his accuser? Have you interviewed witnesses, have you heard his side of the story? No.

            But you know plenty enough to decide that he should go to jail. Come on man.

      •  Bose Acoustic Noise Cancelling headphones (5+ / 0-)

        One of the great attributes of a pair of high quality noise cancelling headphones, particularly if you add earplugs, is that you don't hear screaming children on airplanes. Even if the screaming child is seated near you, it deafens the sound enough so that it is tolerable.

        "let's talk about that"

        by VClib on Tue Feb 19, 2013 at 04:02:56 PM PST

        [ Parent ]

      •  Is that the Christian in you (3+ / 0-)
        Recommended by:
        coffeetalk, toby esterhase, Sue B

        wanting to be judge and jury?

        Moderation in most things.

        by billmosby on Tue Feb 19, 2013 at 04:15:45 PM PST

        [ Parent ]

      •  Yes, assaulting a preschooler (0+ / 0-)

        does seem like it calls for more than probation.

        Where are we going and what am I doing in this handbasket?

        by gelfling545 on Tue Feb 19, 2013 at 05:50:27 PM PST

        [ Parent ]

    •  He slapped a two year hard enough to leave a mark. (3+ / 0-)
      Recommended by:
      WattleBreakfast, bewareofme, rlb

      And drunk or sober he needs to do some jail time.

    •  How many times does anyone care whether a (2+ / 0-)
      Recommended by:
      WattleBreakfast, kyril

      person high on drugs when they commit a crime, suggest they not be sentenced to jail, but just go to rehab instead? He need prison time. Slapping a baby in the face drunk or not is criminal. And I wish he had been charged with felony assault.

      •  Prison, for one slap? (0+ / 0-)

        Not so obvious to me. Probably some people think he should get the death penalty. There's a wide range of opinions. But I wish we could all agree that it is not up to us and is something only a jury who hears all sides of the story can and should decide.

  •  seriously? (5+ / 0-)

    Sure, the guy needs to face consequences.  And he lost his job, and I am ok with that.  But 10 months in jail?  How many people get that for slapping somebody (if it is a first time offense)?  

    He should be treated by the criminal justice system no more harshly than, and no more leniently than, others who commit a similar offense.  If most people with no priors who slap somebody get probation, that is what he should get.  If they get 30 days, that is what he should get.  I seriously doubt most people who slap somebody get 10 months.  

  •  Shocking words & repressed feelings; consequences (5+ / 0-)

    Subject to actual facts proven in court:

    “Nigg*r baby” is a shocking expression, even as part of the vocabulary of a person’s internal (or even subconscious) thinking.

    Don’t most people who use the word “Nigg*r” to express hostility to Blacks tend to treat, and sincerely see, Black toddlers as the (cute) exception to their hostility?

    Of course a screaming 2 year-old can drive anybody somewhat crazy, but the acts of a drunk tend to reflect more existing repressed feelings than independent craziness.

    One can speculate that the 2 year-old might have screamed even more loudly, and more directly at the slapper, because of sensing the slapper’s hostility.

    Even so, the most (although not very) charitable explanation for slapping the 2 year-old is that, perceiving the mother as not doing enough, the slapper took the action he would have taken against his own child.  But if this explanation is linked with the “Nigg*r baby” expression, and the fact that the mother was right there, then the combination hints at a feeling that Blacks are subhuman, or even slave-like property.

    Whatever the slapper’s motivations and excuses, clearly he did not have a sufficiently strong fear of the consequences of his actions.  It is important to demonstrate that consequences for the above combination of actions are severe.

  •  He turned his self in (1+ / 0-)
    Recommended by:
    kyril

    Hundley, of Hayden, Idaho, was released by the magistrate on a $10,000 unsecured bond.

    As conditions of his release, the Hundley cannot drink alcohol or possess firearms and must surrender his passport. He cannot travel outside of Idaho, eastern Washington state, or the northern district of Georgia, where the case will be tried.

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