NORWICH – Two repeat offenders who violated court orders were in court recently looking for another chance from the legal system. Justice Kevin M. Dowd denied their requests, however, and ordered both to jail.
“Sometime these guys are going kill somebody, and that’s what it comes down to,” said Dowd after ordering that both men be remanded to the Chenango County Facility pending their next appearances.
Michael G. Murphy, 34, Birdsall Street, Norwich and David A. Klingman, 35, Union Street, Sherburne, who both have a history of alcohol and drug abuse, appeared in court after each had violated the terms of their release by using alcohol and drugs while their felony cases were pending.
“In my 30-plus years of experience in the system, we tend to give these people opportunities to make their lives better. And we think we’re trying to help them, but the response I get is that this system is a joke: ‘I can do whatever I please, there is never a consequence.’ Then, when they’re finally hit with the ultimate consequence, they turn into little babies,” said Dowd in response to one of the defendants asking for leniency.
Murphy was charged with two counts of first degree aggravated unlicensed operation of a motor vehicle and two counts of driving while intoxicated.
On Aug. 2, 2007, in the Town of Oxford, Murphy was allegedly driving his 2000 Pontiac when he was pulled over and charged with DWI. Murphy had a prior alcohol conviction and his license was still under suspension at the time. After being indicted in December 2007 on those original charges by a Chenango County Grand Jury, Murphy was again arrested for DWI and driving without a license on March 15.
Assistant District Attorney Steven Dunshee said Murphy had failed separate drug tests after his second arrest in March. In court, Dunshee referred to lab sheets that showed the presence of marijuana in the defendant’s system in July and then a second report from September that indicated the presence of cocaine and marijuana.
Dowd said he was not aware of the most recent report involving cocaine drug use in September and took a moment to read it over in court before addressing Murphy.
“What, you think this court is joke? Is this funny to you?” asked Dowd, who lectured Murphy before promptly ordering him to be remanded to the County jail. Prior to that, Murphy had been out on his own recognizance.
The judge ordered Murphy’s bail placed at $20,000, $10,000 per offense. Murphy’s case was adjourned until 9:30 a.m. Nov. 14, so he could consider his options of either accepting the plea bargain offered by the DA or go to jury trial.
“When we come back, we’re going to do one or the other,” said Dowd.
Immediately following Murphy being remanded into custody, Klingman appeared before the court and made his own appeal in a written letter.
Klingman pleaded guilty to felony DWI June 5, rejecting placement in drug court instead electing to serve nine months in local jail in a plea arrangement worked out with the DA’s Office.
Klingman was granted his release in June after the court approved his request for a furlough so he could get his affairs in order before beginning his sentence on the DWI conviction. While out on furlough, Klingman was arrested again June 21 for another DWI – this time while operating a four-wheeler.
Klingman violated the terms of the plea agreement and is now faced with one and a third years to four years in prison per charge. The prosecution has offered a plea deal allowing Klingman to be sentenced to just one charge if he agrees to plead guilty to both.
Klingman appeared in court Friday to be sentenced on his original charge, but the sentencing was postponed at Klingman’s request because he was not prepared to accept the offer made by the DA.
Klingman then read out loud a letter he had written begging for another chance from Judge Dowd.
“This is part of a continuing saga of me not taking responsibility for my actions,” read an emotional Klingman. “I’ve been in quite a bit of trouble over the years. I’m 34 now, and I don’t want to drink or smoke marijuana ever again,” he said. Klingman told the court he was forced to declare bankruptcy as a result of court expenses and wanted the whole affair to be over, saying, “It’s been such a humiliating experience and I’m tired of it.”
Klingman asked the court to show mercy, requesting a sentence of probation and an outpatient program to help treat his addiction.
Klingman finished his letter to the court by saying, “I’m at the very end of my rope and soon there will be nothing of my life left to return to.”
“I don’t trust Mr. Klingman for two seconds, if I let him out of jail, not to have the same problem again,” said Dowd.
Dowd added, “I have given you a break. You come out, within a month, you get charged with driving while intoxicated again. There is little sympathy I have for people in those situations.”
Klingman’s sentencing was adjourned so he could also consider his position and was remanded to the County Jail. He will reappear at 9:30 a.m. Oct. 20.