Meet Joe Rickey Hundley, 60, of Hayden, Idaho who allegedly responded to an irritable flight by getting himself arrested and later fired from his job as a company executive at a defense contractor. Hundley was on a Delta flight when he allegedly slapped a 19-month-old boy who was crying.
Delta Flight 721 that originated in Minneapolis and the toddler’s mother, Jessica Bennett, 33, said that she went to the rear of the plane to get away from Hundley who smelled of alcohol and had slurred speech. During the descent to Atlanta, the boy began to cry (not an uncommon reaction of babies) and that is when Hundley is accused of slapping the baby. Hundley reportedly said “shut that n****r baby up” before slapping Jonah. Not surprisingly, the slap did not make Jonah stop crying, but it did bring other passengers to Bennett’s rescue. The slap reportedly left a scratch beneath the child’s right eye. One other passenger gave a statement saying that the racial slur was used.
Hundley was charged with assaulting a minor in the February 8 incident. After first being suspended by AGC Aerospace & Defense, he was fired by the company which that that “reports of the recent behavior of one of our business unit executives while on personal travel are offensive and disturbing . . . As of Sunday, the executive is no longer employed with the company.”
Hundley’s attorney, Marcia Shein, however, objected to how “this has escalated into a racist issue and I want to be clear he is not a racist.” The key, I suppose, would be to confirm that he did not call the baby a vile racist name. It is hard to say such a thing and not be a racist. However, you still have the problem of slapping a baby on a plane. Even if you show that he did not use the racial term, that would leave your client as a baby slapper. However, with the witness, the record suggests that he is not just a baby slapper but a racist baby slapper.
Simple assault on someone under age 16 carries a prison sentence of one year.
Alcohol is clearly a factor here and we just saw a case where a drunk prosecutor was able to get out of a serious criminal charge by claiming that he was so drunk that he lacked intent to strangle a paramedic.
Notably, however, in 2007, Hundley pleaded guilty to a misdemeanor assault charge filed in Virginia.
What would be interesting is to see if the family will sue in tort for assault, battery, and intentional infliction of emotional distress. They could also sue the airplane under a dram shop type claim for “over-serving” a passenger.
Source: CNN
First there was slap happy then there was slap unhappy. It is those selfish genes I tells ya.
Eric:
my sentiments too, although I was labled a mysogynist on another thread for daring to think men and women are equal and that we are all human beings and that is the only group that matters.
We read all the stories of the way some defense contractors work. Maybe this was just pro forma, he simply he forgot he was here where it is illegal.
Mike Spindell – perhaps the issues are unresolved because here because we never let them go. In sharp contrast to Canada, Europe, and the rest of the world.
Violence against another is a crime against humanity. The motivation (excepting self-defense), should not matter.
I’m glad this guy got what he deserved so far. But it is interesting to me how completely he could have done himself in with a simple assault case. It seems a perfect storm of the elements to rack it up
Contrast this with an ordinary assault
1) Joe Nobody suspect
2) Joe Blow victim
3) Suspect slaps victim for insulting his wife
4) Witness calls local police
5) Police officer determines case is not worth prosecuting because the two Joe’s are town drunks and witness doesn’t want to make a statement.
Now Joe Hundley’s case
1) Corporate Executive suspect
2) Distressed baby as victim
3) Suspect slaps baby for crying after calling a baby a N—-r.
4) On an commercial airliner giving the case Federal jurisdiction
5) Air Traffic Controller calls for police
6) Witness highly motivated to make a statement
7) Charging affidavit document that begins “I…am a special agent of the FBI”
8) Event leaked to the national news sparking outrage
9) Employer greatly desires to avoid embarassment and scandal.
10) Sentencing enhancement of six months for minor child
11) U.S. District Court Judge.
Yep, I’d say he is toast.
I think frustration existed…. But the charge is vald especially after he used the race card…. I think he probably would have reacted even if it had been a white kid…
Mike,
I tend not to grab for the obvious in cases like this; there will be plenty of others that do, so I look for other aspects of legal intrigue. My comment was not to encourage mom-slapping, it was to highlight the comparative attractiveness of defending a mom-slapper versus a baby slapper.
So please stay out of my sandbox if you don’t bring the right toys.
“So please stay out of my sandbox if you don’t bring the right toys.”
Ah Balanced, but this is my sandbox as well.
Wow, Mike Spindell, you clearly have a brilliant legal mind; how insightful. Oh, and you forgot the obvious battery charge too.
Balanced,
I’m not a Lawyer by fact, or claim. However, I am balanced emotionally and intellectually, while some only claim to be. 🙂
18 USC 113(a)(5) — applicable to aircraft incidents, provides:
(5) Simple assault, by a fine under this title or imprisonment for not more than six months, or both, or if the victim of the assault is an individual who has not attained the age of 16 years, by fine under this title or imprisonment for not more than 1 year, or both.
**************************************
This is now a high profile case (Google his name) and no prosecutor will cut him much slack at all if they value their career.
Given that his history of alcohol abuse and previous assaultive behavior has come to light, his pre-sentencing report will be “interesting” to say the least. The Court is unlikely to cut him any slack if even half of what has been reported about him is true. Stealing a few million is one thing, but hitting a baby is something else.
Also, if he has to spend any time at all in prison, other inmates tend to have it in for anyone who abuses children or animals. Even if his stay is a short one, it will be a miserable one. Placement will have to be in a protective custody (PC) unit. That will be necessary or the likelihood of him surviving long enough to serve his time would be low.
PC is a maximum security unit in any prison, and he will be in his cell 23 hours a day. He will not be allowed out of his cell for exercise or shower while other inmates are out, because the risk of him being shanked or garroted will be too high.
As for future employment, he will now be radioactive as far as any Human Resource department is concerned, provided the HR manager has at least as many brain cells as a planaria.
It’s good to know the bigot has been fired and shamed. But I’d bet the farm he still gets the “golden handshake” as he’s cleaning out his desk, or he sues if he doesn’t.
Is “bigot” a portmanteau of “big idiot”? It certainly fits in Hundley’s case.
.
Why is it that here in America we allays have to focus on race? For slapping a 19 month old baby, this man deserves what he got, and should also get a criminal charge. He slapped a baby, isn’t that bad enough? What difference does it make what color the baby is?
“Why is it that here in America we allays have to focus on race?”
Eric,
Because we still have so many unresolved race issues.
If he did what they say… Then yes…. And then some….
The booze is wretched as it brings out into the open what is already lurking. Baby-slapping is high on this disgraced moron’s agenda.
It certainly appears that this guy is the epitome of the sloppy evil drunk; his conduct is reprehensible. However, had he slapped the mother for the inevitable infliction of emotional distress caused by her crying child on an airplane, then I think a jury would be far more sympathetic to his actions.
“However, had he slapped the mother for the inevitable infliction of emotional distress caused by her crying child on an airplane, then I think a jury would be far more sympathetic to his actions.”
Balance,
You call that remark balanced? I would call that action: assault, drunk and disorderly and just plain stupid.
‘Ok, just saying – a 2 year old is not an infant or a baby.’
Nate A,
I’m just saying that anyone who slaps a child in the face is an ass, whatever age. I’ve raised two children into wonderful adulthood. Neither my wife, nor I ever used any sort of corporal punishment, or demeaned our children in any way. Yet we were firm parents in a loving manner. We were constantly complimented by other parents as to our children’s behavior. Those that need to use force, or slurs upon their children are not good parents. We exemplified the principles laid out by Doctor Haim Ginott in his two books: “Between Parent and Child” and “Between Parent and Teenager”, which are among the best books on child rearing I know.
It is rewarding that this man lost his job, though I believe he has “floated” through life up until now with an alcohol/anger control problem. His actions were reprehensible.
Ok, just saying – a 2 year old is not an infant or a baby.
Here’s the FBI agent’s affidavit:
http://www.thesmokinggun.com/documents/baby-slapped-on-plane-571923
There is an independent witness to the slur.
rafflaw:
you got that right, he is a POS.
This is the first story I’ve seen which makes it clear that he was actually charged with an assault. That’s a relief. Glad to see passengers step up, too. He’s been getting away with this type of behavior for a long time, it seems. Time for payback.
I saw this story and I was shocked. There s not enough alcohol in the world that would make me slap a baby!