Raphael Mayorga, 21, was found guilty Friday of second-degree assault and other charges in connection with an accident in which Police Sergeant Patrick Kepp lost his legs.
Mayorga, of Frederick, faces up to 28 years and 120 days in prison. He will be sentenced on Aug. 27.
In the early morning hours of Oct. 18, 2023, Kepp was on duty when he was struck on northbound Route 270. He was outside of his patrol car trying to use stop sticks to apprehend Mayorga. Suspected of being under the influence, Mayorga veered away from the stop sticks and ran straight into Kepp.
According to court documents, Mayorga was speeding, driving up to 100 miles an hour.
Mayorga had multiple previous interactions with Kepp. They knew each other from those encounters. And following the tragic crash, former Police Chief Marcus Jones had said Mayorga “intentionally struck Sergeant Kepp in the main lanes of I-270.”
After striking Kepp, Mayorga did not brake. Instead, he continued on until halted by a third set of stop sticks further north. He exited his car and attempted to flee but was apprehended by responding police officers.
County Executive Marc Elrich issued the following statement regarding the verdict, “Montgomery County Police Sgt. Pat Kepp is a hero. He is a role model to many in our community and across our country. He has bravely overcome his traumatic injuries to return to the police work he so clearly loves. We are fortunate that Sgt. Kepp is alive today and already back on duty.”
However, Elrich said he was “so deeply disappointed” with the verdict, believing he should have been found guilty of attempted first or second-degree murder and first-degree assault.
“I know this isn’t the outcome we were hoping for, and we felt this crime deserved a stiffer penalty,” Elrich wrote in his statement. “You should not be able to drive at outrageous speeds and go free because we can’t chase you. Senseless incidents like this should not occur in our County or anywhere. This jury missed an opportunity to deliver a serious message to those who use our roads like a racetrack.”
Besides second-degree assault, the jury found Mayorga guilty of failure to return to and remain at the scene of an accident resulting in serious bodily injury, failure to stop as close as possible to the scene of an accident resulting in serious bodily injury and multiple counts of fleeing and eluding a uniformed police officer and marked police vehicles.
Montgomery County State’s Attorney John McCarthy was also unhappy with the verdict.
“We stand by the charges filed in this case and we are disappointed with the verdict. The sergeant who received catastrophic injuries in this incident is a hero. Our hearts are with him and the officers who put their lives at risk every day to protect and serve the people of Montgomery County,” McCarthy wrote in a statement.
County Police Chief Marc Yamada also expressed “profound disappointment” while calling Kepp’s recovery and return to duty “inspiring.”
“While the defendant was found guilty on 13 of the 18 charges — including second-degree assault and multiple counts related to fleeing and evading police, as well as failing to render aid to an injured person, the decision to acquit on the most serious charges of attempted first- and second-degree murder or even first-degree assault is difficult to accept.
This outcome is devastating—not only for Sgt. Kepp but for every member of our department who has stood beside him throughout his recovery and pursuit of justice. Unfortunately, we have limited influence over how the judicial process unfolds. However, as law enforcement officers, we must accept and respect the decisions rendered.”
Since the crash, Kepp has returned to work and helps train his fellow officers in the work he was doing the day he was injured.
This year, he also worked to convince members of the Maryland Assembly to rework laws to ensure incidents like his are less likely to happen. The Sgt. Patrick Kepp Act just passed the Assembly. It adds stricter penalties for drivers who exceed 30 miles an hour over the speed limit.
