Murphy v. State

108 So. 3d 531, 2012 WL 415471, 2012 Ala. Crim. App. LEXIS 8
CourtCourt of Criminal Appeals of Alabama
DecidedFebruary 10, 2012
DocketCR-10-0515
StatusPublished
Cited by3 cases

This text of 108 So. 3d 531 (Murphy v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Murphy v. State, 108 So. 3d 531, 2012 WL 415471, 2012 Ala. Crim. App. LEXIS 8 (Ala. Ct. App. 2012).

Opinions

KELLUM, Judge.

The appellant, Jason Andrew Murphy, was indicted for one count of criminal mischief in the first degree, a violation of § 18A-7-21, Ala.Code 1975; one count of burglary in the second degree, a violation of § 13A-7-6, Ala.Code 1975; one count of making a terrorist threat, a violation of § 13A-10-15, Ala.Code 1975; and five counts of attempted murder, a violation of §§ 13A-4-2 and 13A-6-2, Ala.Code 1975. Murphy subsequently filed a motion requesting that he be treated as a youthful offender. Following a hearing, the circuit court denied Murphy’s request for youthful-offender status. Thereafter, Murphy was convicted of one count of criminal mischief, one count of second-degree burglary, one count of making a terrorist threat, and one count of attempted murder. The circuit court sentenced Murphy to 10 years’ imprisonment for the first-degree criminal-mischief conviction; 15 years’ imprisonment for the second-degree burglary conviction; 10 years’ imprisonment for the making-a-terrorist-threat conviction; and 35 years’ imprisonment for the attempted-murder conviction, the sentences to be served consecutively. Additionally, the court ordered Murphy to pay a $2,000 fine and $1,000 to the crime victims compensation fund for each of the four convictions.

The evidence presented at trial established the following pertinent facts. On Thursday, February 1, 2007, Murphy, who was then living in Auburn, was in Dothan visiting his mother, Sharon Murphy. Murphy was congested, had a stuffy nose, and was coughing periodically. Murphy’s mother, a registered nurse, took Murphy to PrimeCare in Dothan, where he was examined by Dr. Steve Sherrer. After an examination, Dr. Sherrer prescribed Ave-lox (an antibiotic), Tessalon Perles (cough medicine), and Sudex (to reheve congestion). Dr. Sherrer also provided Murphy with an injection of Kenalog (a steroid for inflammation). Murphy took the Avelox [536]*536and the Sudex that evening, but was awake for most of the night because of a severe headache. At this time, Murphy-experienced no problems with his memory and was not confused in any manner.

The following morning Murphy called PrimeCare to complain about his headache, and Dr. Sherrer prescribed Darvocet (pain medication), a drug to which Murphy may have been allergic. Later that day Murphy went back to PrimeCare, where he was examined by Dr. Michael Williams. Dr. Williams diagnosed Murphy with an ear infection, muscle-tension headaches, and neck strain. Dr. Williams was notified that Murphy, who was a member of the United States National Guard at the time, had a physical-fitness test with the National Guard the following day. Dr. Williams wrote a doctor’s excuse for Murphy, recommending that Murphy not participate in rigorous physical activity. That evening Murphy was again awake and talking with his mother until about 6:00 a.m.

The next day Murphy had to wake at 6:30 a.m. to attend drill with the National Guard. After drill, Murphy came home exhausted. Murphy’s mother testified that Murphy was experiencing problems with his “speech patterns ... where his train of thought was not very good.” (R. 1335.) Murphy was also confused and disoriented for most of the evening. Murphy again slept very little, talking with his mother until around 5:00 a.m., even though he had to attend National Guard drill the following day.

At drill the next day Murphy ignored Dr. Williams’s warnings and attempted to take the physical-fitness test. During the test, Murphy experienced chest pains, vomited, and passed out. Murphy was taken by a National Guard medic to Southeast Alabama Medical Center, where he stayed for approximately three hours. Murphy declined treatment and checked himself out of the hospital because he was feeling better.

The following morning Murphy and his mother went to see Dr. Warren Rollins, an ear, nose, and throat specialist. Dr. Rollins examined Murphy and diagnosed him with a sore throat. Dr. Rollins recommended Murphy undergo a chest X-ray and an EKG and that Murphy discontinue the use of Avelox because it could cause heart damage. During the examination Rollins noted Murphy showed “no signs of acute distress” and Murphy exhibited no speech, concentration or orientation problems. (R. 1364.)

Murphy and his mother left Dr. Rollins’s office at approximately 9:00 a.m., and returned home so they could make an appointment with PrimeCare for the chest X-ray and EKG. When Mrs. Murphy could not get an appointment for her son, she told Murphy to lay down and told Murphy that she would take him to another doctor when she got home from filling his prescriptions.

While Mrs. Murphy was out, Murphy left his mother’s home and drove to Prime-Care at approximately 9:45 a.m. Murphy entered PrimeCare agitated and angry, holding numerous bottles of medicine in his hands. Murphy approached the receptionist, Robin Dunn, and screamed “you gave me too much medicine, you are trying to make me have a heart attack.” (R. 137.) Christie McLean, the office manager, heard Murphy screaming and took him from the lobby to an examination room. At this time, McLean believed Murphy was agitated but coherent.

Murphy was then examined by Dr. Joseph Sewell, who noted Murphy’s blood pressure and heart rate were a bit higher than normal, but not dangerously high. Dr. Sewell ordered the chest X-ray and found no abnormalities. Dr. Sewell pre[537]*537scribed Mobic (an anti-inflammatory) and Albuteral (an inhaler) for Murphy; he directed Murphy to continue taking the antibiotics as he had been prescribed. As Murphy left PrimeCare, he looked at Dunn, smiled and calmly stated, “I’m going to the bank. I’m coming back to see you.” (R. 141-42.)

Not long thereafter, Michael Wright, an Iraq war veteran who had come to Prime-Care for a job-related physical, looked outside the waiting-room window and saw Murphy marching in “parade formation,” wearing a camouflage helmet and carrying a M14 rifle on his shoulder. (R. 762.) Wright stepped outside of PrimeCare and telephoned the police.

Dunn, whose reception desk faced PrimeCare’s glass front doors, also saw Murphy’s return. Murphy walked in the building and started firing his weapon. He shattered the glass windows that lined the front of the building and shot out the glass walls that separated the reception area from the waiting room. Dunn ducked as the shooting started, then ran and hid in an examination room with a few patients, believing that each shot fired was likely killing someone. As patients fled from the lobby and staff members scrambled to get out of the line of fire, Murphy began yelling, “I’m not here to hurt y’all. Get out, get out. I’m not mad with y’all- I’m mad with the army.” (R. 700-01.) Murphy was “upset” because of the difficulty he was having in getting a medical clearance from the National Guard for deployment to Iraq. (R. 1099.)

Jennifer Herring, human-resources director at PrimeCare, was in an examination room when she heard loud screaming. Herring ran to the reception area and saw employees crouched down and hiding and Murphy holding a gun and wearing his helmet. Once Herring saw the waiting room area was empty and that no patients or staff were in immediate harm, she went to McLean’s office. McLean had telephoned the police to report Murphy’s attack. McLean and Herring then escaped out the back door and ran to the top of the hill behind the PrimeCare facility.

When Herring realized other employees were still in the facility, she returned to the building with McLean to try and help as many people escape as possible.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Ex parte State of Alabama.
165 So. 3d 576 (Supreme Court of Alabama, 2014)
Foye v. State
153 So. 3d 854 (Court of Criminal Appeals of Alabama, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
108 So. 3d 531, 2012 WL 415471, 2012 Ala. Crim. App. LEXIS 8, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murphy-v-state-alacrimapp-2012.