Mobile man who admitted to recording himself sexually abusing a child gets almost 34 years

MOBILE, Ala. (WALA) – A federal judge sentenced a man to nearly 34 years in prison Friday for making videos of himself repeatedly sexually abusing an 8-year-old girl, but the judge did not grant a prosecutor’s request for an effective measure. life imprisonment.

Gary Daniel-Kyle Hay pleaded guilty to federal charges in June. These offenses carry a maximum prison sentence of 30 years, but prosecutors asked the judge to do something that is relatively rare in federal court: stack the prison sentences.

That would amount to an effective life sentence. Assistant U.S. Attorney Kacey Chappelear told U.S. District Judge Kristi DuBose that a consecutive sentence would more accurately reflect the obvious harm the Mobile man inflicted on his victim on several occasions.

‘In this case it is an appropriate punishment. … We do not make this request lightly,” she said.

DuBose imposed the maximum sentence for 20 counts of sexual exploitation of a minor, but ordered them to be served concurrently. But she ordered that 45 months of the 30-year sentence, access with intent to view child pornography, be served after the first 30 years. This results in a total prison sentence of 33 years and nine months.

The judge also ruled that Hay would be supervised by the U.S. Probation Office for fifteen years after his prison term. And she ordered him to pay $45,500 in restitution to cover the future costs of counseling for the victim.

DuBose expressed his condolences for the girl.

“I don’t know how anyone comes back from something like that,” she said. “But we hope and pray for the best.”

The case began with an investigation by the Mobile County Sheriff’s Office Internet Crimes Against Children Unit. According to the Sheriff’s Office, investigators have discovered more than 60 different videos of Hay sexually assaulting a girl he knew. Court records show he had more than 600 explicit images in total.

Hay spoke briefly in court Friday, telling the judge he would like to participate in all counseling programs available in the federal prison system.

“What I have done cannot be undone,” he said. “But there are things that can ease the situation a little.”

Hay’s attorney, Jonathan Friedlander, acknowledged there was “very bad behavior” by his client. He said Hay himself was a child who was a victim of sexual abuse – by multiple people. He said this is not an excuse, but it puts the suspect’s actions into context.

Friedlander said Hay did not “act out of malice. The defendant is “not irredeemable,” Friedlander added.

“He’s not some bad guy with a mustache who enjoys harming someone,” he said.

Friedlander told FOX10 outside the courtroom that in his experience it is common for sexual abusers to be victims of abuse themselves.

“And it is not enough to form a defense for the case, but it is something to consider whether they can be rehabilitated or not,” he said. “You know, because most of them carry this stuff around, and if the person never gets caught, they never get help for it.”

Noting that Hay just turned 26, Friedlander added, “I hope he can get some help and, you know, try to do something positive with his life in the little time he’ll have when he gets out. “

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