Howie Yu sentenced to 5 years in prison

Hai “Howie” Yu didn’t say much at his sentencing Friday, just a few words to his lawyer, Joseph Lozano. The surveillance video from March 11, 2010, that recorded him dragging the half-clothed, fully-unconscious victim out of the Foster dormitory spoke loudly enough.

Calling the video “shocking to the conscience,” Monroe County Circuit Judge Teresa Harper sentenced Yu to up to five years in prison with one year suspended probation.

Yu had previously pleaded guilty to counts of criminal confinement and sexual battery for the incident.

The victim was transported after being found outside Foster Magee by IUPD at 3:27 a.m. that morning. According to hospital records, the victim had a blood alcohol level of 0.4.

“I have been in this business a long time, but I have rarely seen things this shocking,” Harper said referring to the images she had seen on the video.

Friday’s sentencing began late. Both Yu and the victim were in attendance, but neither took the stand.

The victim sat in the public area of the courtroom with a friend who consoled and held her for much of the sentencing. She fought back tears at points and quickly left once the hearing was adjourned.

“The incredible courage of this victim to provide the information that she did made this outcome a possibility,” Monroe County deputy prosecutor Rebecca Veidlinger said.

Veidlinger argued in favor of aggravating the charges of criminal confinement, based on the bruising that was found on the victim when she was examined.

Among the mitigating factors presented on Yu’s behalf were documents indicating both academic and voluntary integrity, along with a letter from an Ivy Tech professor recommending his leadership. In the end, it was the video that was the determining factor.

“She was obviously unconscious, and you waved off assistance for her, indicated that you were her friend and that you would take care of her,” Harper said.

Yu will also spend 10 years as a registered sex offender following his release from prison. During that time he will be required to undergo therapy, along with a list of other requirements and prohibitions.

Lozano said it would be disingenuous to complain that the ruling was unfair, especially considering that Yu faced the possibility of 40 years at one point during the trial. He also said he wasn’t sure about an appeal right now, but noted that “ Harper obviously very carefully considered her decision.”

Veidlinger said the prosecution was very satisfied with the outcome, which was almost exactly in line with what both the victim and state had requested.

“By getting a guilty plea, we can hold the perpetrator accountable for these actions,” she said. “It shows that as a community we will not accept this behavior and it’s worthwhile for victims to report these cases. The outcome can have a big benefit.”

Just before the sentence was read, the recorder stopped working, causing several minutes of silence in the room. The only noise came from Yu’s mother, crying in one corner of the room.

“I told him the same thing, no matter what happens, no emotion. No emotional outbursts,” Lozano said referring to his advice given to both Yu and his mother.

Still crying softly, she held a pen in her hand, breaking it into pieces as more of the verdict was read aloud by Judge Harper.

With his 449 days of home detention plus the number of days he had already served in jail when he was originally arrested, both Veidlinger and Lozano said his sentence could be end up being reduced to around two years.

“Obviously the judge found some mitigaters, but there was one big aggravator and that’s the nature and circumstances of any case,” Lozano said. “If you’ve seen the video, it speaks for itself.”