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Published Friday, October 30, 2009 in Local

Molesting suspect sentenced to mental care facility

By Elizabeth Richardson

The Times-Herald

Eugene Andrew Murphy, 21, entered a plea of guilty, but mentally ill, Thursday morning in Coweta Superior Court.

Judge William F. Lee, in a courtroom at the Coweta County Justice Center, sentenced Murphy to 25 years in prison without the possibility of parole. Murphy can be housed in a mental health care unit while in the custody of the Georgia Department of Corrections. Upon his release, he will register as a sex offender.

Murphy received the mandatory minimum of 25 years to serve on one count of kidnapping a child under the age of 14. For enticing a child for indecent purposes, he was sentenced to 20 years to run concurrently. Lee sentenced Murphy to 20 years concurrent for criminal attempt to commit aggravated child molestation. For criminal attempt to commit child molestation, he was given 10 years concurrent.

On May 7, 2008, Murphy tried to kidnap a 10-year-old neighbor in Sharpsburg, according to Coweta Circuit Assistant District Attorney Kevin McMurry. The boy reportedly got off the school bus in the cul-de-sac where both he and Murphy resided. Murphy approached the boy, put him in a headlock, and tried to drag the boy to his residence. The 10-year-old fought him off and was able to escape.

Because of "confusion" within law enforcement, no investigators responded to that incident on that day, admitted McMurry.

Murphy was arrested in a separate incident on June 4, 2008, for criminal attempt to entice a child for indecent purposes. He allegedly knocked on the door of an off-duty police officer in Sharpsburg and asked her if there were any children at the house because he wanted to invite them to a volunteer firefighter program. The officer, Lisa Roey, found Murphy to be very suspicious and decided to follow him when he began to walk away. At some point he became combative, according to McMurry.

After Murphy was taken into police custody, he admitted that he had been looking for children to molest. After the June incident, police began investigating the May incident involving the 10-year-old.

Murphy also told investigators that he had been a victim of molestation as a child and that it had "haunted him," according to McMurry. Murphy was "prepared to do same thing to children."

Since his arrest, Murphy has submitted to two psychiatric evaluations. The court held a hearing and deemed Murphy mentally ill. In court Thursday, Murphy was unable to recall his age or birthday.

The prosecution asked that Murphy be given a life sentence in order to "protect future victims."

"He is not a situational offender," said McMurry. "He's very, very dangerous -- he's a predator" who has been "irreparably harmed by molestation."

McMurry added that if Murphy is not "specifically deterred," he will re-offend.

"He's calculating. He engaged in a plan. He would have raped that child. If anyone's going to suffer, it should be Eugene Murphy and not his next victim. He's a danger to the children in our community."

Attorney Rick Samper spoke in court Thursday on behalf of Murphy, his client.

"He is a product of his upbringing and environment -- and he never really had a chance in life," said Samper.

Samper reminded the judge prior to sentencing that no child was actually molested by Murphy. He requested the mandatory minimum of 25 years, saying that it's still more prison time than some actual child molesters receive.

"This is contrary to our principles of justice," said Samper.

The public defender's office reviewed documents provided by the Department of Family and Children Services about Murphy's upbringing and found that he'd endured neglect, abuse and other "atrocities."

As the defense spoke of the crimes committed against him, Murphy began crying at the podium.

Samper said that the difference between Murphy and predators is that Murphy has support in a community willing to help him rehabilitate.

A family friend took the opportunity to plead for leniency in sentencing for Murphy.

"Gene is a good kid," she said through tears. "This is not all there is to him. He wanted to get better. He tried to get a job. He's fighting demons. In 20 years, he's never done anything. He has hope. With God, guidance and support he can do it."

Murphy's pastor told Judge Lee that Gene is a "10-year-old in an adult's body." He said Murphy's church group was in the process of re-parenting Murphy at the time of his arrest.

Following his sentencing, Murphy was given time to hug his family and friends before he was led away.