Skip to main content

Man accused of slapping crying boy on Delta flight pleads not guilty

From Nick Valencia, CNN
updated 5:06 PM EDT, Wed March 20, 2013
STORY HIGHLIGHTS
  • NEW: Joe Rickey Hundley was distraught over his gravely ill son during the flight, his attorney says
  • NEW: Attorney acknowledges that her client used an epithet but denies he hit the child
  • He entered a plea of not guilty to a charge of assaulting a minor
  • Hundley is accused of slapping a crying 19-month-old on a Delta flight in February

Atlanta (CNN) -- An Idaho man accused of slapping a crying 19-month-old boy on a Delta flight pleaded not guilty in federal court Wednesday in Atlanta.

Joe Rickey Hundley is charged with assaulting a minor in connection with the incident last month. Accompanied by his attorney outside the courthouse, Hundley appeared solemn and looked toward the ground.

Before Hundley's court appearance, his attorney, Marcia Shein, said that he would be entering a plea of not guilty.

Man accused of slapping crying boy on Delta flight is out of a job

Stranger accused of slapping baby
Man accused of slapping toddler on plane

After the hearing, Shein issued a statement on Hundley's behalf, saying that the day before the flight on February 8, her client had learned that his son had overdosed on insulin and was in a coma on life support.

"Mr. Hundley had been up for 24 hours over this tragic news and was heading to Atlanta to decide, with his son's mother, if they should take him off life support as he had no brain activity. On the flight he was in distress, upset and grieving," Shein said. His son died the next day, she said.

According to court documents, the boy's mother, Jessica Bennett, and her son were seated in Row 28, Seat B on Delta Flight 721, which originated in Minneapolis.

She spent part of the flight in the rear of the plane to get away from Hundley, who she said smelled like alcohol and was slurring his speech, according to John Thompson, attorney for the child's family. In her statement Wednesday, Shein did not address whether Hundley was drunk.

As the plane began its descent into Atlanta, the boy began to cry because of the altitude change, and his mother tried to soothe him.

Hundley, who was seated next to the mother and son, allegedly told her to "shut that (N-word) baby up."

Hundley then turned around and slapped the child in the face with an open hand, which caused him to scream even louder, an FBI affidavit said.

The boy suffered a scratch below his right eye.

In her statement Wednesday, Shein acknowledged that Hundley "said something none should say even in their darkest moments" when the boy began crying and that he "deeply regrets saying those words." But she said that Hundley did not "strike the child and believes what happened to Mrs. Bennett's child was an accident."

Hundley "had paid a terrible price for his hurtful words but asks only that people understand that he was not doing well that night and spoke hurtful words he would have not otherwise have said," Shein said.

Will the slap heard 'round the country have lasting effects?

ADVERTISEMENT
Part of complete coverage on
updated 5:45 PM EST, Tue December 16, 2014
Pakistan Taliban say the school attack was revenge for the killing of children in a military offensive -- but they are being pressed by defections to ISIS.
A group that claims it hacked Sony Pictures has posted a public threat against moviegoers who see Sony's "The Interview."
updated 9:43 PM EST, Wed December 17, 2014
The gunman behind the deadly siege in Sydney this week was not on a security watch list, and Australia's Prime Minister wants to know why.
updated 4:48 AM EST, Thu December 18, 2014
Bestselling author Marjorie Liu had set her sights on being a lawyer, but realized it wasn't what she wanted to do for the rest of her life.
updated 3:27 PM EST, Tue December 16, 2014
CNN's Matthew Chance looks into an HRW report saying Russia has "legalized discrimination against LGBT people."
updated 9:12 PM EST, Mon December 15, 2014
The Sydney siege has brought home some troubling truths to Australians. They are not immune to what are often called "lone-wolf" terror attacks.
updated 7:12 PM EST, Mon December 15, 2014
A social media campaign condemning Islamophobia under the hashtag #illridewithyou has taken off after Sydney hostage siege.
Bill Cosby has kept quiet as sexual assault allegations mounted against him, but his wife, Camille, finally spoke out in defense of her husband.
updated 6:44 AM EST, Mon December 15, 2014
China-bound AirAsia flight turns back to Bangkok after passenger throws water over crew member.
updated 5:26 AM EST, Mon December 15, 2014
It takes Nepalese eye doctor, Sanduk Ruit about five minutes to change someone's life.
updated 5:54 AM EST, Tue December 16, 2014
This epic journey crosses 13,000 kilometers, eight countries over 21 days. Find out where.
updated 9:31 AM EST, Fri December 19, 2014
Each day, CNN brings you an image capturing a moment to remember, defining the present in our changing world.
Browse through images from CNN teams around the world that you don't always see on news reports.
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT