GILLETTE, Wyo. — The preliminary hearing for a man accused of attempting to run someone over while driving impaired will take place in mid-November, Campbell County court records say.
James D. Murphy, 60, is charged with felony aggravated assault, drug possession and driving under the influence. The charges relate to a Nov. 2 incident where Murphy is accused of attempting to run over a 38-year-old man following a verbal altercation on Richards Avenue around 8:08 a.m., according to an affidavit of probable cause.
Murphy reportedly missed the 38-year-old man with his Ford Ranger and crashed into the man’s Chevrolet Silverado while leaving the scene under the influence of a controlled substance, court documents say.
While officers responded to the area, an off-duty officer observed Murphy’s vehicle westbound on 2nd Street and called in its location. Responding officers located the damaged Ranger and Murphy pulling into a parking space at a hotel at Skyline Drive and Highway 14-16.
Murphy was detained by officers who could smell alcohol and marijuana coming from his person. When asked about his actions on Richards Avenue, Murphy said he was messing with the 38-year-old man, who he claimed had punched him in the ear the previous evening during a disagreement, per court documents. No report was filed following the alleged altercation.
According to the affidavit, Murphy went to the 38-year-old man’s residence Halloween morning and told him, “You’re all a bunch of dead [expletive]s.” He also claimed the 38-year-old man tried to punch out his window and admitted to trying to run him over. He also changed his story several times.
The 38-year-old man told officers Murphy was drunk and was trying to fight him during the previous altercation. The following morning, he heard a loud engine and tires squealing before going outside to investigate and talk to Murphy. Per court documents, the 38-year-old was attempting to photograph Murphy’s rear license plate when the older man accelerated backward.
According to the affidavit, the 38-year-old believed Murphy was trying to hit him with the vehicle and took cover behind another vehicle. Murphy accelerated forward, fishtailed and crashed into the 38-year-old’s Silverado.
When questioned about the marijuana odor, Murphy reportedly admitted to having “fake stuff” that he claimed came from a local store. The leafy substance he turned over tested positive for THC, the affidavit states, adding that Murphy also failed field sobriety tests and was subsequently taken into custody.
A preliminary hearing to establish whether sufficient probable cause exists to support further proceedings has been set in Circuit Court for Nov. 12, court documents say.