Rheubin Taylor II was given a 4-year sentence in the slaying of Tory Hardy - including 12 months of home confinement and the rest on probation.

The decision by Judge Buddy Perry of Winchester left the Taylor family smiling and the Hardy family in tears. However, some family members later hugged. Terilynn Nicholson, mother of Tory Hardy, said she can live with the decision.

The son of County Attorney Rheubin Taylor was given four years for voluntary manslaughter in the June 9, 2003, slaying just after the Bessie Smith Strut.

He got a concurrent year for attempted voluntary manslaughter in the shooting of Ronald Harris and a concurrent two years for reckless aggravated assault and reckless endangerment.

Prosecutor Mike Taylor of Dayton argued for active time, saying outright probation would serve as a deterrent to "gunbattles in the streets of Chattanooga."

He said the defendant had shown no remorse. "In his mind, he has done almost nothing wrong."

Defendant Stewart Jenkins maintained that, despite the jury verdict, Taylor had been fighting for his life and that of his sister and fiancee at the time of the melee at 10th and Foster.

He said he "experienced about as much fear as a person can."

Attorney Jenkins said, "He has accepted responsibility from the first moment. He came forward and said 'This is what happened and this is what I did.'"

Ms. Nicholson read a statement at the start of the 3-hour hearing in which she claimed Taylor had gotten special treatment because of his father's position. She said he never had to spend any time in jail and quickly made bond.

She also said he had never shown any remorse or emotion except when he was convicted.

She said, "It has been sickening watching you be free as though everything is normal."

The defendant said he had never been in trouble in the past.

He said during the incident he was fearful that he, his sister and fiancee would be killed. He said he aimed toward the youth who was shooting at him, Timothy Beasley. Beasley is awaiting trial.

He said it was not proven that it was his bullets that hit three people that night.

He said, "I feel very bad" about the incident. He said he had not approached the Hardy family because he felt they were too angry to talk to him.

On cross-examination, he admitted he had drunk beer underage and he said he had recently smoked marijuana at a club in Atlanta. Judge Perry said it was that admission that led him to hand down the 12 months of home confinement. He said that showed "a cavalier attitude."

The defendant said he dropped out of college because he was awaiting sentencing. He said he is still engaged to Calista Ware of LaFayette and they have a small son together. He said they still plan to get married.

County Attorney Taylor said, "My son had never been in any trouble" prior to the incident.

He said his son had come home from college in Alabama to be with him because he was having a difficult time with a divorce.

He said prior to the incident his son was "the type of person people love. He was happy go lucky. He has become a lot more solemn and withdrawn."

He said immediately after the incident, he found his son standing by his car "sobbing and sweating." He said he quickly called police and had his son give officers a full account of what happened.

Several character witnesses testified they felt he should get probation.