A Silverton man who allegedly pepper-sprayed San Juan County Sheriff’s Office deputies in 2013 evaded trial for the fourth time Wednesday, this time, by passing out on the courthouse steps.
“He put on a good show,” said a dubious Sheriff Bruce Conrad, who was victimized in the 3-year old incident as a deputy. “It was a convincing ‘unresponsive’ act.”
On Oct. 8, 2013, Michael Murphy, now 64, was involved in a standoff with San Juan County Sheriff deputies at his Greene Street home in Silverton when he went out on his front porch and dispersed pepper-spray, striking Conrad and Undersheriff Steve Lowrance.
Murphy was arrested on suspicion of two felony counts: second-degree assault with use of a stun gun and obstructing a peace officer and resisting arrest.
For three years, Murphy, who is out on a $5,000 bond, has been able to avoid a jury trial for the incident, sometimes in exuberant fashion, Conrad said.
“It’s hard to keep it all straight,” he said.
At the last pre-conference hearing, Murphy claimed he was showing early signs of dementia – two years after a doctor evaluation found he was competent to stand trial.
The request once again delayed the case, Conrad said, and once again, a doctor found Murphy competent to stand trial.
On Wednesday, shortly before an 8:30 a.m. jury-selection hearing, the Silverton Standard & the Miner reported Murphy was found collapsed on the San Juan County Courthouse steps. As a result, Judge Gregory Lyman dismissed jurors and canceled the trial, which was scheduled for three days.
Murphy was transported to Mercy Regional Medical Center in Durango where he remains in “good condition” as of Thursday afternoon, health officials said. He could not be reached for comment.
Conrad said the Sheriff’s Office will serve Murphy a notice of a hearing to reschedule the trial. Then, it’s up to Judge Lyman to decide whether to issue a warrant for Murphy’s arrest, which would place him in jail until the trial.
Lyman could not be reached for comment Thursday.
Conrad, frustrated, couldn’t help but praise Murphy’s ingenuity to evade justice.
“What he did was brilliant,” he said. “He showed up and appeared, so we couldn’t issue a failure-to-appear infraction. He just couldn’t stand trial.”
But Conrad’s humor quickly dissipates when he thinks of the financial burden to the community, state and clerk system that Murphy’s actions have caused the past three years.
And despite being the primary victim of Murphy’s use of pepper-spray, Conrad doesn’t want to see him imprisoned.
“I’m certainly an advocate for him getting the help he needs,” Conrad said. “And jail won’t help him. I see mental treatment as a better option.”
jromeo@durangoherald.com
