Man sentenced to six months in death of Clinton resident
Family, gay rights groups angry manslaughter charge was reduced to assault
A Washington, D.C., man was sentenced Wednesday in D.C. Superior Court to serve six months in prison for his role in the death of gay Clinton resident Tony Randolph Hunter, after the man's friends and gay rights activists have argued the attack that led to his death should have been considered a hate crime and punished more harshly.
Robert Lee Hannah, 19, pleaded guilty Sept. 17 to a charge of simple assault. He admitted punching Hunter, 37, near a gay bar in the District on Sept. 7, 2008. Hunter fell and hit his head, falling into a coma before he died 10 days later.
Hunter's family and gay rights activists from the region who attended the hearing said they were pleased Superior Court Associate Judge Rafael Diaz handed down the maximum sentence. However, they also expressed disappointment that the grand jury returned an indictment of simple assault this summer against Hunter, as opposed to the more serious manslaughter charge he was first arrested under in 2008.
"I don't think the charge was appropriate. ... It doesn't seem right, and it doesn't equal out," said Veronica Yarborough, Hunter's sister. She was present along with Hunter's mother, Queen Yarborough, and stepfather, John Yarborough, all of Henderson, N.C., at the sentencing hearing.
During the hearing, Assistant U.S. Attorney Kevin Flynn requested the maximum sentence, pointing to numerous letters sent to Diaz by Hunter's friends and family, as well as individuals who did not know Hunter but perceived the assault as a hate crime.
"It would be a mistake to say this is just a misdemeanor," Flynn said in his statement. "This was a crime of violence."
Public defender Lloyd Nolan Jr. represented Hannah during the hearing. He asked Diaz for a suspended sentence and probation, arguing Hannah showed remorse for his actions and had cooperated with the investigation.
"I just want to tell the family that I'm sorry, that's all," Hannah said.
Nolan did not immediately respond to a request for comment.
Hannah claimed that he reacted violently because Hunter allegedly made unwanted sexual advances and touched him inappropriately on the street, according to court documents.
Prior to issuing a sentence, Diaz addressed Hannah and told him that he should have considered his options before responding violently.
"You are lucky you are not being charged with murder," Diaz said. "You could have spent a long, long time in prison."
Court records indicate that Hannah was arrested on a charge of manslaughter on Oct. 16, 2008. However, a federal grand jury returned an indictment with the lesser charge of assault in July because of evidence that Hannah did not intend to kill the victim, according to a memorandum released by Flynn.
Several civil and gay rights groups have protested the lesser charge, saying it legitimizes violence against people on the basis of their sexual orientation. The sentencing comes less than a week after the U.S. House of Representatives approved a bill that would make it a federal crime to assault someone because of their sexual orientation.
"The defendant's version of events is an outright, self-serving lie," said Chris Farris, co-chairman of the Washington, D.C.-based advocacy group Gays and Lesbians Opposing Violence, who was present at the sentencing.
Hunter was a native of North Carolina who had moved to Clinton in recent years, although his family could not remember exactly when. Veronica Yarborough said her brother was close with the rest of his family and had many friends.
"He was just a loving person," said his mother, Queen Yarborough. "I'll always love him."
E-mail Zoe Tillman at ztillman@gazette.net.