A jury convicted a driver on more than a dozen charges for running over a Maryland police officer who lost both legs, but the defendant’s acquittal on the most serious charges left police and the prosecution extremely disappointed.
Raphael Mayorga was found guilty of second-degree assault and 12 other charges, but the jury acquitted him of first-degree assault, attempted murder and three other charges.
“There’s some days when it’s great to be state’s attorney of Montgomery County,” Montgomery County State’s Attorney John McCarthy said. “This is not one of those days.”
In October 2023, Sgt. Patrick Kepp was technically on break but had joined his colleagues to try to stop a speeding teen driver.
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Mayorga, of Frederick, had just won $2,000 in a street race and was driving his distinctive, bright green Dodge Challenger on I-270 near Watkins Mill Road about 4 a.m. Oct. 18, 2023 – reaching 160 mph, according to court documents.
After Mayorga swerved around one set of stop sticks, designed to puncture a car’s tires and slow it down, Kepp rushed to lay down another.
In dashboard camera video introduced as evidence at trial, the Challenger’s powerful engine is heard roaring as Mayorga swerved around the second set of strips and into Kepp.
Mayorga, now 21 years old, was accused of hitting Kepp at 162 mph. Kepp testified he saw Mayorga swerve toward him.
Mayorga finally was stopped by a third set of stop sticks and later told detectives he didn’t mean to hit the officer, but by the time he saw him, it was too late.
Gravely injured, Kepp needed more than two dozen surgeries and had to learn how to walk again.
“Patrick’s devastated by the verdict,” McCarthy said.
Prosecutors are frustrated that some evidence of Mayorga’s previous interactions with police involving reckless driving was not able to be introduced at trial. Laws concerning a defendant’s prior criminal behavior prevented that from being fully revealed during the trial, McCarthy said.
So, the prosecution was unable to get in information that Mayorga knew Kepp prior to this incident.
Kepp had previous contact with Mayorga over dangerous street racing and stunts and had sworn out a warrant on Mayorga for his arrest on traffic charges, McCarthy said.
Body-worn camera video of an interaction Mayorga had with police in June 2023 shows him smiling as he mentions the sergeant, saying he thought it would be Kepp to come for him.
“They knew each other; they were not strangers to each other,” McCarthy said. “Quite candidly, we knew from looking at social media that Mr. Mayora trolled Officer Patrick Kepp. So, the idea that he did not purposely do this to Officer Kepp is offensive to us.”
Kepp has returned to duty with the police force. He went back to the office after the verdict was read Friday.
Maryland’s Sgt. Kepp Act adds stricter penalties for reckless driving, but authorities say much more must be done.
Mayorga faces more than 28 years in prison at sentencing in August.
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