ST. LOUIS � A jury has recommended that Elex Murphy get up
to an 82 year sentence for a "knockout game" attack that killed
an elderly immigrant and injured his wife.
That's the maximum St. Louis Circuit Court Judge Thomas Frawley
could dole out based on the jurors' recommendation Thursday.
But he could also chose to go lower than their recommendations
on each count, or run them concurrently. The jurors decided on
life � which amounts to 30 years � on second degree murder, 25
years for first-degree assault, and 15 and 12 years for each
count of armed criminal action.
Sentencing has been set for May 2.
Murphy, 20, was convicted on Wednesday after a day-and-a-half
long trial. Yen Nguyen, 62, had identified Murphy to police and
in court as the man who attacked her and husband, Hoang Nguyen,
72 on April 16, 2011. The bones around her right eye were
fractured. Her husband of 39 years, who was punched in the head
and fell to the ground, died later that day of a brain injury.
The couple, who emigrated from Vietnam three years earlier, had
been walking home from the grocery store to their apartment at
Chippewa and Spring Streets.
Murphy was allegedly with three others, one of whom kicked Hoang
Nguyen once he fell, who were not charged. The group was
reportedly playing the �knockout game,� in which the sole
purpose is to attack at random for fun.
Prosecutors had asked for a first-degree murder charge, saying
Murphy deliberated before punching Nguyen and knew his actions
may result in death. It would have required a sentence of life
without parole.
Murphy's attorney didn't argue the question of deliberation at
all � she contended her client had been misidentified.
DNA from an unknown male was found in blood on Yen Nguyen's
glasses, which fell from her head when she was punched.
In addition to Yen Nguyen's identification, a jailhouse snitch
said Murphy confessed.
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