Westmoreland County prosecutors said Friday they will appeal what they contend is a too lenient sentence imposed on a New Kensington man convicted in October for the assault of an autistic teen during a neighborhood Easter egg hunt.
Stacey Oneal Jr., 36, was ordered to serve two to five years in prison in connection with the April 9, 2023, incident in which the 17-year-old victim was beaten and had his head stomped on during a confrontation.
Westmoreland County Common Pleas Judge Scott Mears gave Oneal credit for the nearly 18 months he has served in jail following his arrest. As a result, Oneal will be eligible for parole in less than six months.
“The commonwealth sought an aggravated sentence; the judge sentenced the defendant to two years below the bottom of the mitigated sentencing range. The commonwealth has already filed a notice of appeal this afternoon,” according to a statement from District Attorney Nicole Ziccarelli.
Oneal, his younger sister and another man were charged for their roles in the attack.
Following a three-day joint trial, Oneal was convicted of aggravated assault, simple assault and reckless endangerment.
His sister, Krystae Oneal, 33, of New Kensington, was acquitted of all charges.
Prosecutors asked that Stacey Oneal be sentenced to serve up to 10 years in prison.
“The victim was a child, and this defendant stomped on the head of a 17-year-old kid,” said Assistant District Attorney Katie Ranker Ellwood.
Witnesses said Oneal’s sister and the victim’s mother had an earlier confrontation over claims of stolen money and marijuana. Security video from nearby homes, shown to jurors during the trial, depicted Stacey Oneal and a friend, 36-year-old Deron Hinton of Greensburg, attack the teen.
Police said Oneal punched and kicked the teen as he lay on the ground.
Hinton pleaded guilty last April to assault and related counts. He was sentenced by Mears to serve five to 10 years in prison.
“This defendant doesn’t deserve a day less,” Ellwood said.
The judge said he would not consider Hinton’s sentence when crafting a penalty for Oneal.
While acknowledging the video of the assault was difficult to watch, Mears said he took into account Oneal’s efforts to rehabilitate himself while he was free on bail and in jail where he completed anger management classes and treatment for addiction. The judge said he also considered Oneal’s difficult childhood as a mitigating factor.
“Sometimes there are good people who make bad decisions, and that’s what we’re dealing with here,” Mears said.
Oneal did not testify during his trial.
On Friday, he told the judge he regretted his actions and did not know his victim was a minor.
“I carry shame and guilt everyday. The person you see in the video is not the person I am working hard to be,” Oneal said. “I believed my sister was in danger and acted out of fear while I was intoxicated, not out of malice.”
