Man gets one year for pouring gas on family members

PALMER — A man who poured gasoline on members of his family apologized for his actions in court Monday, and said a two-year failing marriage and substance abuse contributed to his crimes.

Richard L. Hacker, 37, ended up pleading guilty to one count each of third-degree assault and reckless endangerment on Friday. The most serious charge had faced in the original case was second-degree assault, a class B Felony, and that was dismissed as part of a plea deal. Officials continued the sentencing to Monday to allow time for the Office of Victims’ Rights to contact the victims in the case: Hacker’s father-in-law, his soon-to-be ex-wife, and four children. Ultimately, no victims spoke Monday.

Hacker received six months jail time with 18 months suspended and three years’ probation on the assault count. Hacker also received six months flat jail time on the endangerment charge, giving him a total of one year to serve with 18 months suspended. He will also have to seek mental health treatment as part of the conditions of his probation.

Monday’s hearing was primarily focused on defense testimony. Prosecutor Brittany Dunlop was in Anchorage for another trial, leaving prosecutor Melissa Howard to represent the state.

Defense attorney Hannah Thorssin-Bahri said the sentence would condemn Hacker’s actions during the incident in June, while at the same time giving him the opportunity to rejoin society. A handful of family members testified at the Friday meeting, and said

“The point is that Mr. Hacker has a lot of reasons to be successful,” she said.

According to authorities, Hacker was involved in a fight with his father-in-law, Ken Federico, over the number of arguments happening between he and his wife Crystal. Richard Hacker went out of the house and came back in with a five-gallon gas can, which he poured over both his wife and father-in-law. Hacker told authorities moments after he was arrested in the Knik-Goose Bay Wildlife Refuge that he never had any intention of setting anyone on fire.

Given the absence of previous felony convictions on Hacker’s record — he had only misdemeanor counts, and his most recent conviction was in 2010 — the sentence was reasonable, Thorssin-Bahri said.

“I think that expresses community condemnation and reaffirmation of societal norms, but I think the focus here should be rehabilitation,” she said.

Substance abuse contributed to the house environment leading up to the argument, Hacker said.

“First and foremost unfortunately, we had a failing marriage for two years,” he said. “My father passed away in 2013. I relapsed. I started using. Unfortunately one thing led to another, I made a horrible poor decision.”

As a result of the charge and his subsequent incarceration, Hacker said the tools of his trade — Hacker was an auto mechanic for 20 years — had been taken away.

“I have a career,” he said. “I have a good opportunity for jobs out there. Unfortunately, being incarcerated … this is definitely a lesson learned. I’ve lost everything I own. I’ve lost every tool I own. I have to start over.”

Hacker also offered an apology.

“As far as the victims, I truly apologize,” he said. “I was not in any kind of sober state at the time. I am just glad that I have many individuals who believe in me, care about me and have a strong backbone to help me push toward my goals.”

Judge Gregory Heath said the sentence would serve both as deterrent and condemnation, and echoed the defense’s language about rehabilitation. Hacker had been a patient at the Alaska Psychiatric Institute a few weeks before the incident, Heath said.

“Mental health issues clearly are here,” he said. “My guess is — and I don’t have a diagnosis yet from a mental health provider — is that Mr. Hacker probably suffers from some sort of co-occuring disorder, which is a combination of mental health issues along with substance abuse issues. All of those issues will be addressed in the pretty stringent conditions of probation.”

Ultimately, the goal is for Hacker not to re-offend, Heath said.

“It’s the court’s hope — and everybody in the process, probably including his family — that he gets the assistance that he needs, follows the conditions of probation, and we won’t see him back again,” he said.

Contact reporter Brian O’Connor at 352-2270, brian.oconnor@frontiersman.com, or on Twitter @reporterbriano.