Prosecutors Seek Maximum Term in Assault Outside Gay Bar

The prosecutor's office has asked that the maximum six-month jail term be imposed on the District man who pleaded guilty last week to assault in an incident in which a Maryland man was punched outside a gay bar and later died.

Robert Hannah, 19, was originally arrested on the more serious charge of manslaughter in the death of Tony R. Hunter, 37. But he was indicted only on a charge of simple assault, a decision that prompted controversy. He is to be sentenced Oct. 14.

In a memorandum that became public Monday, calling for the maximum sentence, the U.S. attorney's office cited Hannah's "unjustified actions,'' which it said set in motion events that led to Hunter's death.

It also said that since being arrested in the Sept. 7, 2008, incident near Eighth and N streets NW, Hannah was charged with shoplifting and "has repeatedly shown disregard for his court-imposed obligations and the criminal justice system."

According to an account from investigators, Hunter had allegedly grabbed Hannah "inappropriately" outside the Be Bar nightclub. Hannah punched Hunter, who fell, struck his head and suffered a brain injury, the memorandum said. It said his blood alcohol level was twice the limit for driving. He was taken to a hospital and died 10 days later.

In the memorandum, the prosecutors contended that Hannah showed himself as "oblivious to the ramifications of his conduct" not only in striking Hunter but also in his subsequent behavior, extending weeks and months from the assault.

The memorandum said a witness claimed that Hannah taunted Hunter as he lay on the ground, chanting "Wood Terrace," the name of a landmark in Hannah's neighborhood.

It also accused Hannah of "habitual drug infractions and curfew violations" that "repeatedly and flagrantly" violated the "comparatively lenient" rules of the supervision program into which he was released.