by Elizabeth Field

On Monday, January 22 Nathan Poffenbarger, 21, a former Cornell University student, received the maximum sentence of one and one-third years to four years for stabbing Charles Holiday on February 18, 2006, and for tampering with the evidence.

Speaking to a packed courtroom of mostly allies to Holiday, District Attorney Gwen Wilkinson asked for the maximum sentence because of the nature of the crime, the ongoing suffering that Holiday experiences to this day, the hatred Poffenbarger showed toward African-Americans, and his continued disregard for the law. Poffenbarger was arrested just a few weeks ago in Maryland for possession of marijuana, though Wilkinson said the people would not make a case of it.

"Nathan Poffenbarger has been found guilty of a hate crime assault," Wilkinson told the court. "Hate crimes can and do intimidate entire communities."

Poffenbarger's main defense was that he was intoxicated at the time. Wilkinson pointed out that intoxication is hardly a defense, and besides, he managed to attempt to conceal the weapon and destroy evidence, which shows a thoughtful awareness of his actions.

In a plea bargain last December, Poffenbarger pleaded guilty to felony assault as a hate crime and tampering with evidence.

Both Holiday and Poffenbarger addressed the court at the sentencing. Holiday said, "The last time I was in contact with Nathan Poffenbarger he attempted to take my life, but I am not here in the spirit of conflict."

Holiday said he just wanted to explain what the past 11.5 months have been like for him, and asked that Poffenbarger put himself in Holiday's shoes.

"Eleven and a half months ago I couldn't use my arm, I couldn't bathe myself, go to the bathroom, and was pumped with so much morphine," Holiday explained. He said his recovery is still ongoing. He spoke of the look on his parents' faces when they first saw him after the attacks, and said he wouldn't wish that on anybody.

Holiday said he hopes that the outcome of the sentencing doesn't just contribute to Poffenbarger's suffering, but "hopes it changes his frame of mind."

"There is no solution to racism that I can see at this moment in time," Holiday said. "But I hope you hold yourself accountable for your actions."

Poffenbarger's lawyer, Joe Joch, read a letter from Poffenbarger to the court. The letter stated, in part, "I did what I did not because of who you are, but because of who I'd become that night." He blamed alcohol consumption in conjunction with prescription medication for his behavior, and claims he doesn't remember stabbing Holiday.

Poffenbarger's letter said that his world was "spinning out of control" and that it was the combination of alcohol and drugs that made him spew racial slurs that night. "My actions did not come from a hatred of you," the letter read, "but from a hatred of my own demons."

After reading the letter, Joch asked for leniency in sentencing, pointing out how the point of the criminal justice system is to be "fair and balanced" and stating at one point, "This is not a violent felony offense."

"Prison for Nathan amounts to much more of a punishment than for so many others," Joch said, pointing out that Poffenbarger is still on medication for anxiety and may be denied medical treatment in prison. He also pointed out that it will be hard for Poffenbarger to find a job in the future.

Joch expressed dismay over their apparent confusion on what Poffenbarger would face in taking the guilty plea. Joch had earlier made a motion to remove the guilty plea because he said they didn't understand that Poffenbarger would get sent to a maximum-security prison instead of a military-style "shock camp" that would have been Poffenbarger's preference. However, he took back the motion just before sentencing, explaining after court the Poffenbarger just wanted to get it over with.

Joch asked the court, "Just by being drunk and stupid [Poffenbarger] can be sent to prison?"

Judge John C. Rowley handed down the maximum sentence, explaining that the court was acting in a fair and balanced way given the nature of the crime. Rowley explained that under the terms of the plea bargain, Poffenbarger was actually facing much less time in prison than if he'd been convicted by a jury.

Judge Rowley spoke about how the hate crime was widely reported and "gravely disturbing."

Addressing Poffenbarger, Judge Rowley said, "You're provocative behavior was consistent throughout the evening." Rowley pointed out that Poffenbarger directed racial hatred at only one aspect of our community: African-Americans.

Judge Rowley said the maximum sentence was the only appropriate sentence, and told Poffenbarger to stand up for his behavior. "This sentence holds you accountable," Judge Rowley said.

Poffenbarger received the maximum sentence for both counts, the hate-crime assault and tampering with evidence, which he will serve concurrently.