After stating that she had very few options at her disposal, Mendocino County Superior Court Judge Ann C. Moorman sentenced former Ukiah Police Department Sgt. Kevin P. Murray to two years in prison Tuesday, a term that is currently suspended as he begins serving 24 months of supervised probation.
"But if you take one step out of line, you're going to the joint; I'm giving you one chance on this," Moorman said to Murray, who declined to make a statement prior to sentencing, beyond what he had already submitted to the judge.
In explaining her ruling to the victims as well as the community-at-large, Moorman described the plea agreement reached between the prosecution and the defense in July (which dismissed all sexual offenses and had Murray pleading no contest to one misdemeanor and one "Strike" felony on the condition that he receive probation) as amounting to the District Attorney's Office "signaling to the court that that they did not establish guilt beyond a reasonable doubt."
Referring to a proposal received Monday from the DA's office that recommended Murray serve "360 days in county jail," Moorman described that as both an "unsound recommendation" and "mildly inappropriate."
Instead, Moorman said she was removing the option of county jail and sentencing Murray to prison time, explaining that she wanted to ensure that even if Murray violated his probation with only six months left on his sentence, "he will go to prison. That is vastly different than if he went to county jail.
"This is not to be interpreted as just a slap on the wrist, or as leniency that is not available to other defendants," Moorman continued, explaining that she was also requiring Murray to complete a course of counseling for sexual offenders, despite the fact that all sexual offenses Murray was previously charged with were dropped as part of the plea agreement.
"I am requiring he complete at least one year of a certified counseling program for (sex offenders)," she said. When Murray's attorney Stephen Gallenson asked if that counseling could be completed through the Veteran's Administration, which is where Murray is currently receiving treatment for PTSD and Bipolar Disorder, Moorman said she wanted the counseling to be certified through the SAFER Program, but that Gallenson and Murray could come back to the court to present options.
In addressing the victims, identified in court as only S.Y. and Jane Doe, Moorman said she "took no pleasure in today's proceedings for many, many reasons, and that nothing I say or do can restore what's been taken from you, which is your sense of personal safety and trust."
To Murray Moorman said, "The damage you have done to the Ukiah Police Department cannot be underestimated. It will take generations for the community's trust in its police force to be fully restored because of your conduct," for which Moorman said she believed Murray did hold "genuine remorse."
As to the terms of his probation, Moorman said that Murray was not allowed to carry a firearm or other type of weapon, was not allowed to consume any controlled substance, which included marijuana and alcohol, or possess any related paraphernalia. He was also not allowed to possess alcohol in his home or frequent any establishments "whose chief item of sale is alcohol," which Moorman said, in her opinion, included casinos.
To ensure these provisions are met, Moorman said Murray is to submit to testing, and "at any time, day or night, without prior notice, his person, vehicle or home can be searched without a warrant."
He also must also complete 250 hours of community service.
Murray was fired from the UPD about a month after being arrested for allegedly breaking into a Ukiah motel room and raping a woman in late November of 2020. Later, allegations from other women surfaced, including from a former fellow UPD officer.
In a letter to Judge Moorman dated Aug. 11, 2022, Murray writes that since his arrest he has had "the opportunity to reflect on the poor choices that I have made. I am truly sorry for the pain I have caused.
"I have learned so much from this situation," Murray continues, noting that he has "realized that my family is the most important thing to me. My daughters are 17 and 15, and my sons are 11 and 7. During the past 20 months, I have been able to be actively involved in my children's lives," something he explains he did "not have the opportunity to do before while serving in the military or working in law enforcement. Being with my family and supporting them in all endeavors is what I want most in this world.
"Although the circumstances surrounding this incident are not something that I am proud of, they led me to a place where I was able to take my health, especially my mental health, seriously," Murray continues, describing himself as being diagnosed with PTSD and Bipolar Disorder, for which he is "attending therapy and seeing a psychiatrist. My goal is to continue down this road and … show everyone that I can persevere through this traumatic time and become a better person, father and husband. Supervised probation would allow me this opportunity and assist in keeping me accountable to these goals."
No comments:
Post a Comment