Murray v. State

74 N.E.3d 242, 2017 WL 1279829, 2017 Ind. App. LEXIS 149
CourtIndiana Court of Appeals
DecidedApril 6, 2017
DocketCourt of Appeals Case No. 36A04-1608-CR-1841
StatusPublished
Cited by1 cases

This text of 74 N.E.3d 242 (Murray v. State) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Murray v. State, 74 N.E.3d 242, 2017 WL 1279829, 2017 Ind. App. LEXIS 149 (Ind. Ct. App. 2017).

Opinions

Baker, Judge.

Aaron Murray appeals the sentence imposed by the trial court after Murray pleaded guilty to three counts of Level 4 Felony Child Molesting,1 arguing that the sentence is inappropriate in light of the nature of the offenses and his character. Finding that the sentence is not inappropriate, we affirm.

Facts

In 2015, forty-one-year-old Murray was employed as a math teacher at Seymour Middle School. During the 2014-15 school year, Murray was then-twelve-year-old KB.’s math teacher.2 Until that school year, K.B. had been an emotionally stable child who was a good student. During the [244]*2442014-15 school year, however, K.B. began to experience problems.

At that same time, K.B. became close to Murray, regularly staying after school for help with homework. After it was reported that K.B. was experiencing emotional turmoil, Murray spoke to KB.’s mother and stated that.he and his wife would spend time with K.B. Murray attended the same church as KB. and her mother, and began sitting with K.B. at church and interacting with her there and at school. Murray also began taking K.B. to concerts and to engage in volunteer work, and he also began inviting her to stay overnight at his house. He regularly sent messages to K.B. and talked with her on the telephone.

In May 2015, Murray began spending even more time with KB.; often, they spent hours at a time alone together. He began transporting KB. to counseling sessions and even recommended to KB.’s parents that they find a new counselor who would allow Murray to sit in on the sessions.

On June 15, 2015, Murray was alone with KB. at his residence and kissed her. He attempted to use his tongue, but K.B. pulled away, and he apologized. Murray told KB. that he was attached to her. KB. later reported that this was her first kiss. A few.days later, Murray left on vacation with his wife, and while he was away, he incessantly contacted KB. through text, video, SnapChat, and Facebook messages. He told her that he loved her, that she was beautiful, that he needed her, and that it would not be long before they could be together again.

On June 28, 2015, Murray returned from vacation and KB. went to his house to spend the day with him. He kissed KB. while his wife was in the next room. He confessed what had happened to his wife, and she kicked him out of the house as a result. In the middle of the night on June 29, 2015, KB. woke her mother and said she was going to talk to Murray outside. K.B. then left with Murray, who drove to a parking lot and began kissing her again— this time more intimately. When KB. resisted, Murray told her it was okay. He drove her home around 4:00 a.m.

Later that same day, Murray returned to KB.’s residence with gifts for K.B., again driving her to a parking lot later that afternoon. Eventually, they drove to an overlook where he kissed K.B., grabbed her breasts, and massaged his hand between her legs outside of her clothes. KB. was uncomfortable and moved his hand away. He also moved her hand to stroke his penis outside of his clothing. He later told investigators that he “felt he should take it as far as he could with her.” Appellant’s App. Vol. III p. 24.

K.B.’s friend reported the molestations to K.B.’s parents, who reported it to the police. During their investigation, police officers noted that both Murray and KB. had the same Facebook profile picture, which was a picture of the two of them. Even after the molestations were disclosed, Murray continued to contact K.B. regularly.

On July 16, 2015, the State charged Murray with three counts of Level 4 felony child molesting. A no contact order was put in place that prohibited Murray from contacting K.B. Notwithstanding the no contact order, while Murray was in jail awaiting trial, he contacted KB. over fifty times by telephone, totaling over twenty hours of talking time. Among other things, the following conversations occurred in those phone calls:

• Murray told KB. he loved her each time they talked.
• Murray said that he had “never stood in the kitchen naked making breakfast [245]*245with anyone before” and that K.B. made him feel comfortable while he was naked. State’s Ex. 1.
• Murray discussed watching K.B. run around her house while she was naked.
• K.B. reminded Murray that he had asked her to marry him on her eighteenth birthday and stated that she had purchased decorative license plates to commemorate the engagement.
• Murray told K.B., “I miss making you wet,” and later indicated that he was stroking himself while talking to her. State’s Ex. 1-2.
• On one occasion, he told K.B., “I just want to strip you naked right now, lay you back and get to work on that p* * *y.” State’s Ex. 1.
• Murray stated that he “would rip [K.B.’s] clothes off right now” if he saw her. State’s Ex. 2.
• Murray said that he missed getting “head” from K.B. Id.
• He described an encounter at his father’s car dealership where he made K.B. “wet” and said that employees probably had to “use paper towels to clean that up.” State’s Ex. 1.
• Murray gave K.B. instructions on how to write him in jail, instructing her to sign her letters with his last name.
• Murray required K.B. to recite vows of love on each phone call and told her that no one could keep him away from her.

On April 13, 2016, Murray pleaded guilty as charged in exchange for (1) the dismissal of charges pending in another case for Level 6 felony residential entry and Class A misdemeanor battery resulting in bodily injury; and (2) the State’s agreement not to file new charges on the many violations of the no contact order.

At the June 28, 2016, sentencing hearing, Murray asked the court for an “appropriate sentence,” and argued that consecutive terms would not be appropriate because of his lack of criminal history. Sentencing Tr. p. 69. The State requested a sentence of three consecutive ten-year terms, with two years suspended per term, for a total of twenty-four years executed and six years suspended to probation. The trial court sentenced Murray to consecutive nine-year terms for each of the convictions but suspended six of the nine years on one count, for an aggregate executed sentence of twenty-one years imprisonment. Murray now appeals.

Discussion and Decision

Murray’s sole argument on appeal is that the sentence is inappropriate in light of the nature of the offenses and his character. Indiana Appellate Rule 7(B) provides that this Court may revise a sentence if it is inappropriate in light of the nature of the offense and the character of the offender. We must “conduct [this] review with substantial deference and give ‘due consideration’ to the trial court’s decision—since the ‘principal role of [our] review is to attempt to leaven the outliers,’ and not to achieve a perceived ‘correct’ sentence...:” Knapp v. State, 9 N.E.3d 1274, 1292 (Ind. 2014) (quoting Chambers v. State, 989 N.E.2d 1257, 1259 (Ind. 2013)) (internal citations omitted).

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Related

S.B. v. Seymour Community Schools
97 N.E.3d 288 (Indiana Court of Appeals, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
74 N.E.3d 242, 2017 WL 1279829, 2017 Ind. App. LEXIS 149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murray-v-state-indctapp-2017.