Hamby draws 40 years in child rape case

Jul. 1—A Westel area man convicted in May of the rape of a 12-year-old victim who lives outside Cumberland County received the maximum 40-year prison sentence to be served at 100% following a sentencing hearing June 21.

John Wayne Hamby made no statement during the brief, emotional hearing held before Criminal Court Judge Gary McKenzie. Hamby was facing between 25-40 years in prison.

McKenzie said, in announcing his decision, circumstances of the case justified the sentence.

A court date for Sept. 3 has been set to check the status of a trial transcript from which a decision will be made on behalf of Hamby as to whether to seek a new trial or appeal the sentence.

The only person to testify was Tennessee Department of Corrections/Board of Pardon and Parole Officer Charles Stiriz, who prepared the mandated resentence report.

According to that testimony, Stiriz testified Hamby did not address specifics about the conviction. Hamby's only comment was, "It didn't happen."

The case was prosecuted by Assistant District Attorneys Randall Gilliam and Jessica Krebs. Crossville attorney Jeff Vires represented Hamby.

During the hearing, Gilliam told Judge McKenzie prosecutors met the element of child rape requiring "pleasure or excitement" and "the proof was abundant. He does not acknowledge his crime."

Gilliam continued, quoting the 12-year-old's testimony at trial, "You can cry your eyes out. I don't care."

He added that Hamby, a U.S. Marine veteran with tours in Afghanistan and Iraq, " ... did not live up to the Marine Code."

Prosecutors then asked to read into the record a victim impact statement they only received late the night before the hearing. Vires objected, in part, because the statement was not part of the pre-sentence report.

Neither the victim nor her family was present for the hearing.

McKenzie ruled Krebs could read the letter in open court. The prosecutor, at times, was emotional as she read the teen's letter which stated, "What happened forever has torn apart the family" and has left family members scarred.

The letter cites the trauma of the incident, the innocence of the victim as a preteen and the life-long effect of the crime.

During the trial, testimony showed Hamby went to where she was staying, ordered her into a vehicle and then traveled to a remote wooded area of Renegade Mountain near Crab Orchard where the rape was committed.

Collaborating evidence, in addition to the victim's testimony, was a phone app and DNA.

Vires argued for the minimum sentence of 25 years at 100% and asked McKenzie to consider Hamby's post-traumatic stress disorder and brain injuries that leaves his client disassociating of activities and actions. Expert testimony on PTSD was not offered during the trial.

McKenzie then reviewed enhancing and mitigating factors and returned to the enhancement of committing the crime as an authority figure tipped the scales toward the maximum sentence.

Michael Moser may be reached at mmoser@crossville-chronicle.com