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Justin Whittington to be sentenced in federal court for December 2012 hate crime

Posted at 9:28 AM, Apr 10, 2017
and last updated 2017-04-10 18:04:39-04

UPDATE (April 10, 2017 12:47 p.m.): Whittington was sentenced to 15 years Monday for the 2012 hate crime.

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Justin Whittington, who made national headlines for being caught on video slapping his child at a convenience store, will be sentenced in Fresno Monday morning for a hate crime.

In November, Whittington pled guilty to four charges stemming from a December 2012 incident. The counts include interfering with housing rights, use of a firearm, unlawful possession of a prohibited firearm and false statements.

RELATED: Justin Whittington found guilty of hate crime including firing a shotgun, yelling racial slurs

According to court documents, Whittington and his step-brother Jesse Lamb had been drinking when they decided to drive down Wilson Avenue in Oildale. The two came to a stop in front of a home where a Latino man was outside in the front yard.

Court documents say Whittington shouted a racial slur at the man before firing one round from a sawed off shotgun. Whittington then yelled an obscenity before driving away.

Court documents say moments later witnesses heard another shot fired. The shot put a large hole in the glass door of a convenience store. 

Later, when Whittington was questioned about the incident, he told FBI investigators that he was holding onto the shotgun for a man named Charlie after Charlie offered him $1,000 to take the gun.

The U.S. Attorney's Office is seeking a 20 year sentence while Whittington's attorney, David Torres, has recommended 12 years.

Whittington had originally been scheduled to be sentenced in March, but it was pushed back to April.

Whittington was also arrested in April 2015 after surveillance video surfaced of him slapping his child. He was sentenced to four days in jail and four years probation.

RELATED: Man pleads guilty for punching child on video