By BURTON SPEAKMAN
BOWLING GREEN — For the second time a federal prosecutor has sought and received a delay in the sentencing hearing of two former majors with the Glasgow Police Department.
Johnny Travis, 41, and Maxie Murray, 36, pleaded guilty in April to conspiracy to possess hydrocodone with a valid prescription and corruptly persuading a person with the intent to hinder, delay or prevent the communication to law enforcement officers relating to the commission of a federal offense. They were initially scheduled to be sentenced in July, but that hearing was delayed until Tuesday.
U.S. Attorney David Weiser asked on Oct. 20 for a two-week continuance from the Tuesday hearing. U.S. District Judge Thomas Russell granted the delay Thursday. He reset the sentencing hearing for Dec. 1 in U.S. District Court in Bowling Green.
Both Murray and Travis will receive a lower rating in sentencing from U.S. Probation and Parole due to their guilty plea. They both have also agreed to help prosecution in other cases. At this time it’s unclear for what cases Murray and Travis might be providing information.
Weiser wrote in a court record that both Murry and Travis face a prison term if they receive a guideline sentence.
“Under the terms of the plea agreements, both defendants face a guideline sentencing range of 12 to 18 months imprisonment. Under the probation officer’s calculations, the defendants face a sentencing range of 37 to 46 months of imprisonment,” according to court records.
The U.S. Attorney’s Office agreed to consider making a motion for a lesser sentence for Murray and Travis if they provided substantial assistance, according to court records. The office has not promised to make any motions.
“Although the defendants have both been cooperative to date, more work remains to be done. The United States is not currently in a position to state whether it will make a 5K1.1 motion (substantial assistance), or what its recommendation will be if a motion is made,” according to court records.
These previous comments were part of Weiser’s motion against changing the conditions of release for Murray.
Murray’s attorney, Steve Romines had argued in the motion that Murray had currently served more time than he was likely to receive at sentencing. Due to that fact and not having any violations on home detention, Romines made a motion that Murray have his home detention removed.
“With school starting back for Mr. Murray’s small children and his work schedule, it is an undue hardship for the Defendant to continue to be on home detention when his presumptive sentence is less than the time already served,” according to Romines motion.
Between Feb. 2004 and Jan. 2008, Murray and Travis had conspired between themselves and with others to attempt to access prescriptions for hydrocodone without a legitimate prescription, Weiser said during the plea hearing in April.
Evidence in the case has been shown that indicated Murray and Travis made threatening comments to individuals who worked under them at the Glasgow Police Department to keep them from speaking with federal investigators about an investigation involving Murray and Travis. Both Murray and Travis were initially kept in custody because of the serious nature of those threats and were only released from custody after both had agreed to plead guilty and provide information to federal prosectors.
If Murray or Travis is asked to testify the statements they have already made to government agents can be used against them and the two felony charges for corruptly persuading a witness in a legal proceeding can be reinstated at a later time.
Murray and Travis are on home incarceration until the sentencing hearing. Travis has been permitted to leave his residence for work training. Murray has received permission to work while awaiting sentencing. Both men resigned from their police department positions prior to entering their guilty pleas.
