Ex-firefighter sentenced to seven years
Daniel Andrew Murphy, 39, of Fredericton, traumatized motorists by carjacking them, judge said, but sentence must also address strong potential for rehabilitation, remorse
A former Fredericton firefighter whose addiction led to the loss of his job, a mental-health crisis and a series of bizarre crimes late last year
Daniel Andrew Murphy, 39, formerly of Trailside Lane in Fredericton, appeared in Fredericton provincial court by video conference from jail Monday to learn how much time he’ll have to serve for a series of violent crimes and a dangerous highway chase Nov. 2, 2022.
He’d previously pleaded guilty to a long list of crimes, including robbery, attempted robbery, dangerous driving.
During a sentencing hearing Oct. 13, the Crown argued for a prison term of 10 years for his crimes, while the defence recommended a three-year stint, both to be reduced to account for time Murphy has spent on remand since his arrest Nov. 2, 2022.
In rendering his decision on sentence Monday, provincial court Judge Scott Brittain met the two sides in the middle, imposing a total prison term of seven years, less credit for remand time.
The task of crafting an appropriate sentence is a challenging one, the judge said, as the court had to balance the many aggravating factors in Murphy’s crimes with the mitigating factors in his favour.
Facts of the case
Murphy admitted this summer to 11 offences, most of which unfolded in the capital region and beyond Nov. 2, 2022.
Brittain reviewed the events of that day, the tragic path that led Murphy to commit his crimes and how they forever scarred some of the people who were unlucky enough to cross his path.
Court heard previously that Murphy jumped out into traffic on Fredericton’s north side early that morning in the path of a ServiceMaster van driven by Kevin Campbell, forcing the commercial vehicle to screech to a stop.
Murphy hopped in the passenger side, brandishing some kind of metal weapon, the judge said, and the offender told his first victim that day, “Leave your wallet and cigarettes in the van or I’ll fucking kill you.”
Campbell complied, and Murphy took off in the van, driving recklessly and dangerously through the city and out Route 10 toward the Minto area.
Brittain noted that unbeknownst to Murphy, the van was outfitted with a GPS tracker, allowing police to locate it easily.
Fredericton police Cpl. Chris Furlotte caught up with Murphy in the Minto Industrial Park, Brittain said, and it appeared he’d abandoned the van and was trying to commandeer another vehicle.
When Furlotte drew his weapon told Murphy he was under arrest, the judge said, the offender said, “Oh fuck off,” and approached the officer, a tire punch in hand.
Murphy ended up getting back in the ServiceMaster van and fleeing the scene, heading back down Route 10, this time back toward Fredericton.
He stopped to hold up a convenience store along the way, court heard, and afterward, he forced another car, driven by Holly Girouard, off the road and tried to carjack her.
Murphy took off again in the van, leading police on a chase that ended up in the Salisbury area, where police were able to stop the vehicle by deploying a spike belt.
Const. Ore Rodriguez had to use her Taser to take Murphy to the ground.
Weeks before, on Oct. 7, Murphy also stole cigarettes from a convenience store on Fredericton’s north side and assaulted another man the same morning.
Effects on the victims
Brittain said the Crown said protection of the public and denunciation of Murphy’s crimes had to be paramount principles in imposing a proper sentence.
He agreed those were vital priorities, as was the need to recognize the damage Murphy had done to the lives of those he victimized.
The offender’s “aggressive string of criminality” and “wanton and reckless disregard” for people’s safety and sense of security have caused permanent damage that can’t be understated or disregarded.
Girouard reported in her victim-impact statement that her encounter with Murphy has changed her life.
She’s been off work from her job as a licensed practical nurse and doesn’t know if she’ll ever be able to return to the profession she loves.
“I felt like I was drowning,” Girouard wrote. “It’s a daily challenge for me to get out into the public.”
She’s been diagnosed with post-traumatic stress disorder, has lost any sense of financial security and is paying out of pocket for counselling, Brittain said.
Campbell reported he’s always nervous when he’s out driving and experiences nightmares after the carjacking.
“The crimes you committed are very serious and have had a significant and lasting impact on several of your victims,” the judge told Murphy.
‘The outlook is promising’
On the other hand, Brittain said, the court had to consider what led Murphy to that awful day and what his plans are going forward.
He noted the offender served a decade as a member of the Fredericton Fire Department and he had a long career as an elite athlete in Fredericton.
“In his profession, it is said he developed PTSD,” the judge said.
His mental illness was exacerbated by the development of a drug habit, Brittain said, but even before the events of last fall, he was taking steps to address his addictions.
Murphy has strong family support from his parents and brother, the judge said, and he’s expressed sincere remorse and contrition, as well as a desire to do the work he needs to do to return himself to the person he once was.
“I believe the outlook is promising for Mr. Murphy,” Brittain said.
He said his initial calculation of the global sentence for Murphy’s many crimes came to 10 years and seven months, but the sentencing principle of totality requires courts to avoid imposing terms that are unduly long and harsh in the circumstances.
Given the offender’s strong rehabilitative potential, that’s why the court settled on a total sentence of seven years, the judge said.
Since Murphy has been in custody for almost 13 months, that means the sentence will be reduced by his remand credit of about 19½ months.
Brittain also imposed orders requiring the offender to submit a DNA sample for inclusion in a criminal database, prohibiting him from possessing firearms and other weapons for 10 years following the completion of his sentence, and barring him from driving for 12 months after serving his time.
Don MacPherson can be contacted at ftonindependent@gmail.com.
Men, please start normalizing going to therapy with each other. Especially front line workers where PTSD is a given .