A federal judge has accepted a plea-bargained sentence for a brutal gay basher that’s three years less than federal guidelines recommend.
On July 17, U.S. District Judge William H. Yohn Jr. sentenced Kevin V. Hannig to 41 months of imprisonment, to be followed by three years of supervised release.
The federal guidelines recommend a prison sentence of 77-96 months.
On Nov. 10, 2011, Hannig and Justin O’Brien assaulted openly gay inmate Kenneth J. Houck Jr. at the Federal Detention Center in Philadelphia.
Houck was reading a gay novel in his cell when the men pulled him from his bunk, kicked and stomped on him, and beat him with a chair.
His leg was broken during the assault, and he’s undergone numerous surgeries to prevent its amputation.
Houck expects to walk with a permanent limp, he told PGN.
With credit for time served and “good conduct,” Hannig, 35, could be released in just over two years.
During a prior hearing, Yohn questioned why the government recommended a 96-month sentence for O’Brien and a 41-month sentence for Hannig.
Assistant U.S. Attorney Neuman Leverett 3d replied that Hannig was the “lesser actor” in Houck’s assault.
“Mr. O’Brien was more violent,” Leverett told Yohn.
In a letter given to PGN, Houck said the men were equally violent during his assault.
“[O’Brien] backed up to the door [of my cell] to see who was around,” Houck wrote. “He spotted [Hannig] and called out, ‘Come on, we’re gonna smash this pussy.’ They both re-entered, closed my cell door and berated me with names and insults as they ran to grab at my ankles. I did my best to kick and keep them away but when each was able to grab my jumper and an ankle they regained control over me. With a huge yank they tore me from the top bunk. I fell at least 5 feet down on cement with no footing. I’m not sure if it was the fall or the barrage of punches, kicks and the chair being used to beat me or them stomping on me that ended up breaking my leg. When this seemed to never end, I lifted both arms and both legs up to defend against the beating. When I did, I saw my foot literally looking like a wilted flower. Under the knee my leg flopped over. It was clearly broken. This is when they both left.”
Houck said the men hurled anti-LGBT slurs at him during the incident, including “faggot” and “pussy.”
However, Leverett said, the FBI determined there was no evidence of a hate crime.
Yohn said he accepted the FBI’s determination.
Yohn also ordered Hannig to pay a $500 fine to the government.
Additionally, the judge ordered Hannig to pay restitution to Houck, if Houck incurs any medical expenses stemming from the assault after his release.
In a related matter, Houck is seeking a reduction in his 96-month sentence for transporting child pornography — because he assisted with the prosecution of O’Brien and Hannig.
Federal rules permit a sentence reduction if the inmate assists with the prosecution of another person or persons.
But prosecutors must request the reduction, and the U.S. Attorney’s Office for the District of Delaware, where Houck was prosecuted, has declined to do so.
Charles M. Oberly 3d, the U.S. Attorney for the District of Delaware, couldn’t be reached for comment.
Houck, 38, continues to recover from his injuries at the Metropolitan Detention Center in Brooklyn, N.Y.
His projected release date is April 1, 2018, if he doesn’t commit any infractions while in custody.
In May, U.S. District Judge Jan E. Dubois sentenced O’Brien to 74 months’ imprisonment for Houck’s assault, to be served concurrently with a 96-month sentence for robbing three banks.
O’Brien, 26, is serving his sentence at a federal prison in Canaan Township.
His projected release date is May 20, 2018.