But U.S. District Judge David Sam on Wednesday said about nine years would be more appropriate for David Lance Gardner, who once beat a Latino man to death in California in a case that was similar to the Utah attack.

"Hate crimes are not going to be tolerated by this court," Sam said in meting out a 105-month prison term - the maximum recommended under federal sentencing guidelines. He also ordered Gardner to pay $22,000 in restitution.

There is no parole in the federal justice system. At most, the 43-year-old Sandy man can get about a year shaved off his sentence for good behavior.

Police and prosecutors say Gardner and two co-defendants - Robby Wayne Baalman, 22, of Sandy, and Keith Wayne Cotter, 25, of Draper - were drinking at various bars on the evening of March 12, 2005. As they were driving away after a stop at a 7-Eleven store, they spotted the 52-year-old victim bicycling to work near 1700 South and 400 East.

Baalman alleged in a written statement that Gardner told Cotter to "go get the n----- on the bike."

"Gardner indicated that this would be my initiation into a white supremacists organization, the American Front," Baalman wrote.

At this point, Gardner's version differs. He contends that "they" decided to attack the man. However, he acknowledges that he participated in the beating "to raise awareness that skinheads are out there which sent a message that these are our streets, white streets, and to show them this is a white country that whites had built."

The three pulled over, got out of their car and knocked the victim off his bike, authorities say. They then began to "stomp," kick and punch the man, and Cotter allegedly struck him with a beer bottle.

The attack ended when local residents came out of a house and yelled at the three defendants. The victim was treated at a hospital and later released.

The three defendants were charged with the hate crime of interference with a federally protected activity, in this case, the victim's use of public streets. All pleaded guilty as part of deals with prosecutors.

In court Wednesday, Gardner apologized for his actions.

"I guarantee, no matter what, nothing like this will ever happen again in my life," he said.

Prosecutor Carlos Esqueda, though, questioned whether Gardner has accepted responsibility for his actions, noting that he has denied he told the others to carry out the attack.

The judge appeared unmoved by Gardner's apology.

"I have concerns about his ability to lead a lawful life," Sam said, pointing out that Gardner pleaded guilty to manslaughter in a beating years ago in Los Angeles that left a man dead.

According to police records, Gardner and others confronted a Latino man who refused to leave a building and decided to teach him a lesson by beating him unconscious. That victim later died of his injuries.

Gardner initially served 180 days in jail. After violating his parole, he eventually served two more years for the crime.

In addition, Sam said, a federal investigator reported that Gardner shouted at one of his co-defendants, "Hey, Robby, you better keep your mouth shut. Hold your mud."

Said the judge, "I don't note remorse about the victim and what has happened to him."

Baalman was sentenced by Sam in March to 57 months in prison and also ordered to pay $22,000 in restitution. The sentencing of Cotter is pending.

pmanson@sltrib.com