A man who has threatened prosecutors in court and hid a shank in his shoe was sentenced Wednesday to a shorter term in prison than federal guidelines, allowed in part because of his mental condition.
U.S. District Judge Christine Arguello sentenced Brian Murray, 33, to one year in prison. Sentencing guidelines call for a minimum 41-month sentence.
“He has serious … mental health issues,” Arguello said during Murray’s sentencing hearing. “I believe if Mr. Murray had been properly medicated he would not have made the threats. … He’s spent about half of his life in prison.”
The sentence for possession of contraband and making a threat will be served consecutively with the high security prisoner has made against prosecutors in other instances.
Murray is currently housed in isolation at U.S. Administrative Maximum Penitentiary in Florence, the highest-security prison in the country.
Prosecutor Jeremy Sibert and Murray’s attorney, Miller Leonard, disagreed about the impact Murray’s mental health has had on Murray’s behavior.
Sibert said Murray has been written up hundreds of times for rule violations that have included assaults and threats of violence.
The actions happened even when Murray took medication and demonstrated clear thinking, Sibert said.
Murray isn’t able to follow rules in what may be the most controlled setting on Earth, he said. Once he is freed in society he is even more likely to break rules and will be a danger to society, Sibert said.
In issuing the sentence, Arguello recommended that the Bureau of Prisons consider transferring Murray to a less secure prison where he can receive more mental health treatment.
Kirk Mitchell: 303-954-1206, denverpost.com/coldcases or twitter.com/kirkmitchell
