Bar brawl killer gets jail

Draws 18-month term after guilty verdict in trial

Wednesday, June 17, 2009

Brian A. Hickman has had trouble eating, sleeping and making eye contact for the past months, said his brother, one of seven people at the hearing who gave emotional accounts describing how the October incident has affected them.

Family members of the victim, Joshua Gregor, 25, pleaded with the judge to do more than give Hickman, 29, of Mechanicsville a "slap on the wrist" for his role in the death.

"What is the value of a human life today?" said Gregor's mother, Tammy Gregor. "I love my son, and I will never, ever see him again on this earth."

Those speaking for the defendant said he is a hardworking and nonviolent person who is remorseful for his actions.

"It's not a fair hand that [Gregor's family members] were dealt. It's not a fair hand that we were dealt," Hickman's fiancee, Jessica Gilbers, told the court.

Before sentencing Hickman to 18 months in jail, Judge Steven G. Chappelle said he sympathized with those on both sides in the case.

"To Mr. Gregor's family and friends …. You have to be a cold-hearted individual not to sense the suffering you are in, and we certainly take that into consideration," Chappelle said before announcing the sentence. "To Mr. Hickman's family, we understand the horrible tragedy you good people are in and understand we are sentencing your loved one, who is also a good person."

Chappelle in April found Hickman guilty of manslaughter and affray for delivering a blow that knocked Gregor to the ground in the parking lot of Pure Lounge in Waldorf on Oct. 25.

Gregor struck his head on the pavement, lost consciousness and died two days later.

Testimony in the trial indicated that Hickman's friend, Justin E. Ferrall, had approached Gregor outside the bar earlier and punched him three times in the face. Gregor then wandered into the parking lot and encountered Hickman, the witnesses stated.

Ferrall, 30, of Hollywood, who received a one-day jail sentence for a second-degree assault conviction in the case, bore some of the responsibility for Gregor's death, argued Robert Harvey, Hickman's defense attorney.

"Mr. Ferrall started the fight. … I think we can conclude those punches did contribute to Mr. Gregor losing consciousness and striking the ground when Mr. Hickman struck him," Harvey said.

However, the law accounts for the differing results of Hickman's and Ferrall's actions, argued Charles County Deputy State's Attorney Jerome R. Spencer.

"The reality is when somebody dies, it's treated differently than when someone doesn't die," Spencer said. For example, a DUI carries relatively mild penalties, but if a drunk driver causes a fatal accident, the person can be charged with manslaughter, Spencer told the court.

"Mr. Ferrall threw a punch, but he did not cause Joshua's death. Mr. Hickman threw a punch that caused Joshua's death," the prosecutor said.

Spencer also asked the judge to consider the fact that Hickman fled from the scene after Gregor hit the ground and blacked out.

Chappelle said that because Hickman was found legally responsible for a death, he couldn't issue a sentence with no jail time. Addressing the defendant, the judge added that "when you walked out that night, you never imagined in your wildest dreams what was going to happen. My purpose is not to break you."

Chappelle sentenced Hickman to 10 years in prison, but suspended all but 18 months of the sentence, which the Mechanicsville man will serve in the Charles County jail with the opportunity for work release.

"We felt Judge Chappelle's sentencing was well thought-out and appropriate," said Harvey after the hearing.

Members of Gregor's family declined to comment on the sentence.

brodgers@somdnews.com