Originally Posted Online: Jan. 10, 2013, 11:29 pm
Last Updated: Jan. 11, 2013, 12:37 am
Former Davenport police captain sentenced to 2 years probation after pleading guilty
Comment on this story
By Rachel Warmke firstname.lastname@example.org
More photos from this shoot
Photo: Gary Krambeck|
Former Davenport police captain Kevin Michael Murphy, right, talks with his attorney Murray Bell during his sentencing hearing in Scott County Court Wed. January 10, 2013. Mr. Murphy was sentenced to two years of probation after pleading guilty to two counts of aggravated misdemeanor of stalking.
Former Davenport police captain Kevin Michael Murphy was sentenced Thursday to two years probation after pleading guilty in November to two aggravated misdemeanor counts of stalking.
District Court Judge Thomas G. Reidel also ordered Mr. Murphy, 56, of Bettendorf, to pay a $625 civil penalty for each count and to have no contact with the victim for at least five years.
Mr. Murphy, who retired from the police force in October 2011, also must abstain from alcohol and continue therapy and after-care programs, including Alcoholics Anonymous, the judge said.
If he successfully completes terms of his probation, the charges will be expunged from his record. If Mr. Murphy fails to comply, his deferred judgment could be revoked, and he could face jail time.
Defense attorney Murray Bell told the court that Mr. Murphy's behavior was the result of an alcohol problem and untreated post-traumatic stress disorder, and said now-asst. Davenport Police Chief Donald Schaeffer and Lt. Gene Wall had personal vendettas against Mr. Murphy and bullied the victim into pursuing criminal charges.
Charges filed against Mr. Murphy last February in Scott County, accused him of entering a home in the 1100 block of Hildreth Street, Davenport, on Aug. 11, 2011, and pushing a female resident, and accusing her of having a guest in her home.
Records claimed he re-entered the home on Nov. 10, 2011, while the woman was at home with a guest, and pushed her in an effort to see who was with her.
He entered the home a third time three days later and covered the sleeping woman's mouth with his hand and told her "Don't call the police, and don't file a report," according to records.
The charges claim Mr. Murphy violated an order of protection on Feb. 8 by using another person to lure the woman to him.
Dr. David Wolgin, a psychologist with Psychology Health Group in Davenport testified that he begantreating Mr. Murphy in December, 2011, after Mr Murphy said he was depressed, had relationship issues and "demons in his head that he wanted to get rid of."
He diagnosed Mr. Murphy with PTSD, alcohol dependence and depressive disorder, and said Mr. Murphy's life was riddled with "intrusive memories" and "nightmares" about several traumatic incidents during his time on the police force, including seeing two suicides.
Dr. Wolgin said those incidents prompted feelings of guilt and failure and PTSD, which may have affected Mr. Murphy's behavior and how he viewed the world.
"When you're drunk and you have post-traumatic stress disorder," someone might "not know the line between helping and harassing," Mr. Bell later told the judge.
Mr. Bell said that while Mr. Murphy was on the police force,he discovered nearly 350 sexual assault cases that had never been sent for DNA testing, and brought it to the attention of officers Schaeffer and Wall, but was told to drop the matter.
Mr. Bell also said Lt. Wall blamed Mr. Murphy for the lieutenant's son not being hired by the police department and "bullied" the victim into filing charges against his client."They were after him, and this was their opportunity."
"This is just another baseless allegation that has been made during the course of his criminal case, which has ended with his guilty plea," Davenport Police Chief Frank Donchez said in an email response later Thursday. "No one convicted of stalking has any credibility on sexual assault."
JudgeReidel said that when charges were filed in February, he was "greatly concerned" about Mr. Murphy's alcohol use and well-being and placed severe restrictions on him, including jail time, house arrest and a GPS tracking device.
"You've already received more punishment than a normal citizen would," he told Mr. Murphy, commending him for being "100 percent compliant" with those restrictions.
Mr. Murphy declined comment after leaving the courthouse Thursday.