STANDOFF NETS ADDICT 17 MONTHS

A crack addict with a history of attempting suicide by taunting cops
to shoot him was sentenced yesterday for an armed standoff on
Centennial Parkway in which the man was shot three times by Hamilton
police.

Superior Court Justice David Crane handed James Dennis Murphy, 39, the
equivalent of a 17-month jail sentence, given the double credit
normally afforded accused persons who are kept in custody without bail
awaiting trial.

The judge accepted a joint submission from the Crown and defence
lawyer Beth Bromberg in imposing the sentence, which included the
maximum three years' probation and a lifetime ban on possessing
weapons, ammunition and explosives.

Crane agreed to the deal only after satisfying himself that Murphy had
a supportive family and tightly structured release plan. Murphy must
live with his mother and continue treatment for depression and
addiction. "The big concern of this court is that you will continue to
use drugs, specifically crack cocaine," said Crane. "The support of
your family gives you, in my opinion, a reasonable chance to
rehabilitate yourself. However, it won't be easy and there will be
lots of opportunities for you to relapse."

Murphy was convicted in December of possessing a weapon dangerous to
the public peace and of carrying a knife concealed in his coat. At the
same time, Crane found there was not enough evidence to convict Murphy
of the more serious offence of threatening a police officer with the
knife.

That allegation was the focus of the week-long trial and a critical
issue for the defence because of Murphy's criminal record. In the past
14 years, Murphy has been convicted numerous times for offences
involving drugs, violence and weapons.

In January 2001, while on a crack binge and suffering from anxiety and
depression, Murphy was wounded during an armed standoff with Niagara
Regional Police.

He was in a similar situation when he walked out of a motel on
Centennial Parkway North on Apr. 13, 2004. He ignored commands of
Hamilton police to stop and kept walking. When the officers got out of
their cruisers, they saw Murphy was carrying a large knife. Murphy
refused to drop the knife. This sparked a brief standoff that ended
with one of the officers shooting him in the leg and abdomen.

Bromberg said her client has had three surgeries since being shot and
still suffers complications from his injuries. She said Murphy is
older now, and just grateful to be welcomed by his family.