I have considered all of the aggravating and mitigating circumstances in this case. And I've considered the purposes of the criminal law statutes: 13101. And there is an aspect of deterrence that is very prominent in this case. Mr. Ray, when a person has your incredible abilities to gain people's trust, there is a large, large responsibility that goes with that trust. And that responsibility was not honored. And I'm not considering lack of remorse in any way. I'm just simply saying, this was the nature, there were people in there, people who had spent their money, their time, and they placed their trust and that was violated… It is important that sentencing when appropriate conveys and insures that there is appropriate deterrence. So I see and I find that the aggravating circumstance of emotional harm is so strong and it's such that, uh, probation is simply not warranted in this case.
I find in, in mitigation, as I've mentioned, Mr. Ray did help people. It was his intent to help people. It was. And I recognize that. I recognize no prior criminal history of any kind. Nothing. No indication that you pose any kind of future threat. But it is the decision, a prison sentence is just mandated in this case. I do find, however, that looking at all the circumstances, considering my experience with precedent in cases -- and this certainly is a different kind of a case… It is certainly a case where the evidence of, uh, extreme negligence is strong. But I find looking at all the circumstances, at the mitigating circumstances, based on factors I've indicated are sufficiently substantial to call for mitigated terms and they will be concurrent.
It is the judgment and sentence of the court that Mr. Ray be imprisoned for the following mitigated terms: For negligent homicide of Kirby Brown, two years. For negligent homicide of Elizabeth Neuman, two years. For negligent homicide of James Shore, two years. All of these sentences date from today. They begin today. The defendant receives credit for 24 days time served. It is ordered imposing a consecutive term of community supervision as required by law. It's ordered that the defendant is committed the custody of the department of corrections to carry out these sentences.
~ Judge Warren Darrow on November 18, 2011
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