URBANA – A 21-year-old Champaign man who robbed a fast-food restaurant employee at gunpoint, then used the gun to bludgeon her, was sentenced Friday to 38 years in prison.

Under truth-in-sentencing legislation, Kevin Hemingway, who listed an address in the 600 block of North McKinley Avenue, will have to serve more than 31 years. He's already been in the county jail more than a year.

A jury convicted Hemingway in July of armed robbery for an attack on Terri Herbst, 50, an employee of the McDonald's at 501 N. Mattis Ave., C.

Testimony showed that on Aug. 17, 2009, Herbst was walking through the parking lot to her car with the business bank bags to make a bank deposit about 11 a.m. She was confronted by a man with a bandanna covering part of his face who demanded the bags. When she refused to turn them over, he hit her in the head with a gun, which caused her to fall to the ground with such force that her pelvis was dislocated.

Herbst also required stitches to her head and injured her knee.

She testified Friday that she still feels physical pain from the dislocation and suffers from depression.

"I'm not sleeping like I used to. I have to constantly look over my shoulder. I just don't trust people like I used to. I'm afraid something else might happen," she said.

To aggravate Hemingway's sentence, Assistant State's Attorney Troy Lozar presented evidence from three officers at the satellite jail. Two testified that Hemingway was involved in a brawl in a cell block on Oct. 11 while a third said Hemingway ripped pages out of a law library book at the jail in November.

To lessen his sentence, Assistant Public Defender Amanda Riess had two of Hemingway's uncles and his brother testify, all of whom said Hemingway was raised by an aunt and uncle, had no father in his life, and a mother who had problems. They also said Hemingway missed his last two years of high school.

Lozar argued for a 40-year sentence – the maximum was 45 – saying that the crime was a planned and coordinated offense that left Herbst seriously injured. Hemingway and co-defendant Charlie Vogel, 30, who listed an address in the 2500 block of Prairie Green, were arrested outside Vogel's home not long after the crime. There was a gun in the trunk and on Hemingway police found $1,900 in cash in small amounts bound with rubber bands.

Riess countered that Hemingway had only one prior conviction for possession with intent to deliver cannabis, had not fathered any children and had a strong chance at rehabilitation given his young age. She also noted he was employed for two years and helped his family financially.

Hemingway asked the judge to "show mercy" to him.

"I'm a role model for the little kids in my family. I'm not a monster. I'm a humble person. I don't look for trouble. I don't ask for trouble. I try to stay away from trouble," he said.

Ladd said she found it "chilling" that Hemingway would hold himself out as a role model for anyone and called his attack on Herbst "vicious, violent, cruel and designed to render her helpless to get that bank bag."

Ladd said his crime was premeditated and said he showed a lack of remorse for his actions.

"It's bad enough to threaten someone with a gun. It's unacceptable to use it as a bludgeon. But to have it armed and ready to fire is intolerable," the judge said.

Co-defendant Vogel, who drove the get-away car, pleaded guilty in late July to aggravated robbery for his role in the holdup and is scheduled to be sentenced Sept. 27.

On Tuesday, Lozar dismissed charges against Carl Herrera, 32, of Champaign, saying he had insufficient evidence to prosecute him for the holdup. Herrera worked at the McDonald's and was there when Herbst was robbed, evidence showed.