The incident happened back on February 8th of 2012.
Joe Hundley was on a flight from Minneapolis to Atlanta when he became upset by the crying of a 19-month-old baby.
Hundley told the mother "shut that nig*** baby up," and then hit the baby under the eye.
In court Hundley told the baby’s mother he was sorry and explained he had been drinking and was under a great deal of stress.
Hundley was going to Atlanta after learning his son was brain dead. The trip was to him off life support.
"I made the most terrible day in my life much worse for me and for others," he admitted.
The judge was quick to respond.
"You cannot assault another individual, regardless of how sad or upset, or even how intoxicated or sick, you are."
State prosecutors only asked for Hundley to serve six months but the judge had other ideas.
Because of a previous conviction for assault, the judge decided on a couple of extra months.
Hundley had a prior assault conviction.
Hundley’s attorney assured the court his client would be treated for both alcohol and anger problems.