Man caught on video beating teen gets 46 months in prison

Gary Johnson, 35, faced up to 17 years in prison


PALM BAY, Fla. – The man who was found guilty of child abuse after he was caught on video punching and kicking a teenager has been sentenced to 46 months in prison.

Prosecutors said Gary Johnson, 35, punched and kicked the 16-year-old in the head when the boy came to fight his teen son in Palm Bay in August 2011. He was convicted in March.

The judge agreed to dismiss Johnson's battery conviction after the defense argued it was double jeopardy because the battery was implied in the child abuse conviction. After eliminating that conviction, he had been facing a maximum of 17 years.

In court, Johnson said he was "very sorry" but remained calm. The mother of the teen who was beaten spoke at the sentencing for the state. Three employees of Johnson's son's school spoke for the defense, saying Johnson was a good volunteer and good parent.

A video from 2011 shows Johnson umpiring a scuffle between his son and another teenager, then repeatedly beating the teen after his son quits the fight, police investigators say.

Johnson can be heard in the video saying, "You're lucky what you got was all you got," which prosecutors say is not a fearful message of a man defending himself.

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