Posted on 07/30/2002 5:05:02 PM PDT by I_Publius
Monticello Times | June 27, 2002
Gay Couple Receive 10 Year Sentence For Sexually Abusing Monticello Boy
By Patty Wooten
A Drew County jury convicted a gay couple of sexual abuse Wednesday, rejecting defense claims that Lewis Ray and Tim Murphy were not temporary caretakers of the 16-year-old boy they abused.
The panel of nine women and three men deliberated just over an hour before finding Ray and Murphy guilty of first degree sexual abuse.
Following the recommendation of the jury, Circuit Judge Bynum Gibson sentenced the two men to 10 years in prison fined them $5,000 each. They faced a maximum sentence of 30 years.
The 41-year-old Murphy showed little reaction to the verdict but the smirk Ray wore throughout the 2-day trial was gone.
To get a first degree sexual abuse conviction the state had to prove the men engaged in deviate sexual activity with the boy and they were in a position of authority or a temporary caretaker for the boy.
The boy, who was characterized as a "slow learner" and "loner" by a school guidance counselor, testified Tuesday that Ray and Murphy invited him to spend the night at their home on Dec. 7. After taking him out to dinner and shopping, the boy said the men gave him marijuana and beer then assaulted him.
Tenth Judicial District Chief Deputy Prosecutor David Cason told the jury the two men became temporary caretakers for the boy when his parents allowed him to go with Ray and Murphy.
Using his son as an example, Cason said when his son spends the night with a friend he doesn't make a formal pronouncement that he is placing his son in someone's care; it's understood.
"The parents may not have used good judgment but you should focus on what's important," said Cason. "What's important is what was done to (the boy) that night."
According to the boy's grandmother, who testified during the sentencing phase, the boy became moody, complained of stomach aches, and couldn't sleep after the incident.
"I asked him about it but he wouldn't say anything," she said. "It's hard to get him to talk because he's got the feeling he's done something wrong."
Defense attorneys claimed the boy and he could have left anytime he wanted.
Murphy said he regretted what happened and was "sure" it wouldn't have happened had he and Ray not been drunk.
Both men testified they would be willing to participate in alcohol and sexual offender treatment.
"There's no atheists in fox holes," Cason said. "Everyone seems to want rehabilitation when they get caught. If people who do what they did don't deserve prison, then who does? They deserve 30 years for what they did."
In addition to the 10 year sentence and fines, Murphy and Ray will have to register as sex offenders and provide a DNA sample under the DNA Detection of Sex and Violent Offenders Act.
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