By
Joe Gerrety, Journal and Courier
Alcoholism is just a small part of the personality of
hotelier Gregg Murphy.
That was the message Murphy's lawyer delivered during
a 45-minute argument Wednesday at Murphy's sentencing
hearing for felony drunken driving.
A courtroom audience of 35 friends, family members
and other supporters looked on while attorney Matt Sandy
extolled Murphy's contributions to the community as a
father, husband, employer, successful businessman and
philanthropist.
But Judge Michael Morrissey declined Sandy's plea to
enter Murphy's conviction as a misdemeanor and spare him
jail time. He sentenced Murphy to six months in jail, a
year on house arrest and 18 months on probation.
After being arrested on drunken driving charges four
times since 1996, Sandy said Murphy has completed
inpatient treatment, outpatient treatment and follow-up,
gone through a 12-step rehabilitation program and has
been sober the past 21/2 years.
Sending him to jail, Sandy argued, would send the
wrong message to other substance abusers striving to go
straight.
"That would be telling him there's no undoing the
harm you've done. I think that's the wrong message to
send to an alcoholic," Sandy said. "I think it's the
wrong message to send to his support network. I think
it's the wrong message to send to this community."
That support network includes prominent businessmen,
politicians, Purdue University professors and
administrators, many of whom submitted letters to the
court.
Among them were former county commissioner Nola
Gentry, former state Rep. Sue Scholer, former Lafayette
city clerk Lisa Decker, Trinity Mission director Dan
Taylor, restaurateur Brad Cohen and Murphy's business
partner Ron Reader.
Murphy, 43, co-owner of Holiday Inn Select and
University Inn, let his friends' letters and Sandy do
most of the talking at his sentencing hearing. But he
rose briefly to apologize to the court, his family, his
coworkers and the community for his "selfish and
dangerous behavior."
Three of Murphy's four Tippecanoe County OWI arrests
have resulted in convictions.
Deputy prosecutor Greg Loyd argued for the maximum
three-year sentence, noting Murphy's level of
intoxication at the time the of his most recent arrest.
Murphy had a blood-alcohol content of 0.19 percent
and an open bottle of vodka in his car when he was
stopped at a sobriety checkpoint on Sagamore Parkway in
West Lafayette on April 18, 2002, the night after his
business had hosted the Lincoln Day Dinner, a Republican
fund-raiser.
Sandy said Murphy, who was keeping his alcoholism
hidden at the time, had consumed a large amount of
alcohol immediately after the event and planned to make
it home "before it hit him."
"Since his arrest, he has abstained completely from
alcohol," Sandy said.
While Murphy maintained his sobriety, his attorneys
exhausted nearly every legal maneuver available to
prevent a conviction and delay the inevitable jail term
that would result. Because he had two previous
misdemeanor drunken driving convictions, the Class D
felony conviction in the 2002 case brought a minimum
nonsuspendable jail term of six months.
At Murphy's request, Morrissey delayed the start of
the jail term until March 3. With maximum time off for
good behavior, Murphy likely will be out of jail by
early June.
Sandy asked Morrissey not to penalize Murphy for the
many legal challenges. They included an Indiana Court of
Appeals challenge of the sobriety checkpoint on Fourth
Amendment grounds and a post-conviction relief petition
in which he attempted to have his 1999 conviction
reversed, claiming he had received bad legal advice
leading to his guilty plea.
"From the day I met this man, he was all about
accepting responsibility," Sandy said.
Sandy said he refused to represent Murphy unless
Murphy allowed him to challenge the constitutionality of
the sobriety checkpoint. In fact, Sandy said, he would
have preferred to go to trial in the 2002 case, because
he was eager to challenge the credibility of the police
officers involved in the arrest and the validity of the
breath test machine used.
But Murphy finally put his foot down and demanded to
plead guilty so he could put the case behind him, Sandy
said.
Loyd urged the judge not to give Murphy too much
credit for his guilty plea. "We were essentially on the
eve of trial," he said.
Sandy said Murphy's resume includes "three pages of
philanthropic projects that Gregg is hands-on day to
day."
"His absence," he said, "is going to hurt the
community."

The sentence
In addition to a six-month jail term, Judge Michael
Morrissey sentenced Gregg Murphy to a year on house
arrest, one year on supervised probation and six months
on unsupervised probation.
During his probation period, Murphy must:
 | Attend a live victim impact panel on drunken
driving. |
 | Abstain from alcohol and stay out of bars,
except his own establishments for business purposes.
|
 | Perform 200 hours of community service.
|
 | Pay a $200 alcohol countermeasures fee.
|
Additionally, if the Bureau of Motor Vehicles finds
him to be a habitual traffic violator, his driver's
license will be suspended for 10 years. He'll be able to
apply for reinstatement after five years.
If he is not judged a habitual traffic violator, his
license will be suspended by the court for one year and
he'll have to use an ignition interlock system for the
first year after his license is reinstated.