Copyright 2006 The News and Observer
Conviction will be averted if defendant stays away from woman he once dated
By BENJAMIN NIOLET
The News & Observer (Raleigh, North Carolina)
DURHAM, N.C. — The retiring Carrboro fire chief took a plea deal Thursday that allows him to stay out of jail and avoid a criminal conviction if he can stay away from the woman who accused him of stalking.
Rodney Wallace Murray, 57, pleaded guilty to twice violating a domestic violence protective order taken out by Gina Ambrosecchia, a woman with whom Murray had a 10-year relationship. Under a deal with prosecutors, the state agreed to give Murray six months to prove that he will stay away from Ambrosecchia. In exchange, the state will allow Murray’s record to remain free of a conviction. The state also will hold open a misdemeanor stalking charge for six months.
Murray appeared in District Court wearing orange jail scrubs and handcuffs. He was in the Durham County jail with his bail set at $500,000 after authorities said he violated the protective order a second time.
Threat of jail
The stakes are high for Murray, who was the Carrboro fire chief until he agreed to retire after his legal problems mounted. Judge David LaBarre said that if he violates the deal, even before action is taken on the criminal cases, Murray would return to jail.
“I don’t want him to even contemplate having contact with this lady,” LaBarre said. “Because as sure as I sit here, I’ll revoke his bond completely.”
If he is found to try to contact Ambrosecchia, the state could seek consecutive sentences on the guilty pleas, said Assistant District Attorney Carolyn Winfrey. If he were convicted on the stalking charge, Murray could spend as long as 165 days in jail. He also would have violated a yearlong protective order requiring him not only to avoid contact with her and her family but to stay away from her subdivision. He is also required to comply with a doctor’s treatment plan that apparently includes psychotherapy, according to a statement made during the hearing.
Ambrosecchia said little during the court hearing Thursday. One of her attorneys said she was afraid of Murray.
“We don’t want him to kill her,” said lawyer Fred Battaglia. “She’s afraid for her life.”
Murray’s legal troubles began Christmas Eve when he was charged with making a harassing phone call, driving while impaired and failing to heed a police light or siren.
His attorney, Butch Williams, said in court Thursday that Murray had recently suffered a heart attack and then his long relationship with Ambrosecchia ended.
“Everything came down on him at one time,” Williams said. “He just wanted to talk the issues out.”
Alcohol, medication
LaBarre said that he had been made aware that the behavior might have been made worse by the combination of alcohol and medication.
The stalking charge came on New Year’s Eve. Then on Jan. 10 he tried to call Ambrosecchia’s cell phone, in violation of a court order, according to an arrest warrant. A second violation came days later when he was spotted near her home, according to court records.
The deal was designed to give Murray a chance, while hanging serious penalties over his head, lawyers said.
“The best of all hopes is he understands now that this is serious,” Winfrey said.
Murray was accused of violating a protective order.