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Polson man cited with two counts of intercourse without consent

by Ashley Fox Lake County Leader
| September 14, 2017 7:03 PM

A Polson property manager has been cited for sexual intercourse without consent, according to court documents, with an arraignment scheduled for Sept. 13.

David Thomas Murphy, 63, a property manager for Lake View Village Apartments in Polson, is facing two counts of sexual intercourse without consent, a felony, with up to 100 years incarceration and a maximum $50,000 fine, as well as one count of tampering with witnesses and informants, also a felony, punishable by 10 years incarceration and up to $50,000 in fines.Bond was set at $10,000.

Murphy was booked in the Lake County Detention Center on Aug. 2 and was released on Aug. 3 after posting bond, according to the Lake County Sheriff’s Office.

Court documents show that on or around July 1, 2017, Murphy asked a woman identified as Jane Doe, to clean a vacation rental cabin that he owns for money.

The woman had done so in the past for a fee, court documents state.

Upon entering the cabin, the woman observed it was already clean. Murphy told her that only a bed needed to be made.

Doe went up to the bedroom when Murphy touched her.

Murphy then made sexual advances toward the woman, to which she responded with telling him he is married and “don’t do this.”

The narrative then says that Murphy pushed the woman onto the bed, taking off her clothes while she protested.

After the incident, the court document says that Murphy appeared remorseful.

During an inverview July 31 with law enforcement, Murphy admitted that the woman told him “no,” but then she consented to intercourse.

The following day, Aug. 1, Murphy arrived at the woman’s apartment offering her a taco salad, which she did not want.

He went behind her, court documents state, reaching under her skirt and pulling her undergarments and ripping them.

Murphy then pushed her on the bed, proceeding to rape the woman.

The woman took her undergarments and put them in a brown paper bag. She also saved an article of clothing from the previous encounter.

Murphy later admitted to intercourse at the woman’s apartment but denied that she objected this time.

On July 5, she had to pay rent to Murphy.

Stating to officials that she was nervous and “lost it,” she later moved.

On July 7, she went to a hospital to have an examination performed, but was told that too much time had passed since the incident.

Following the incidents, the woman had told other tenants about the events. Those tenants were interviewed by law enforcement.

Each scenario that was provided by witnesses was smiliar to that of the victim’s, the narrative states.

During her interview with law enforcement, the woman appeared to be upset.

Murphy was interviewed by Polson Police Department on July 31 and was issued a citation for Sexual Intercourse Without Consent.

On Aug. 1, he left a typed note at a tenant’s door, who is identified as “Witness A,” saying that the encounters with the woman were consensual, while acknowledging infidelity and his wife would be told.

Murphy also said that he’d give the victim $5,000 and community service if she’d drop the complaint, documents show.

The witness then sent the letter to the Polson Police Department, who requested and received a search warrant on Aug. 2 to record conversations between the witness and Murphy.

The witness agreed to act as a liaison between the victim and Murphy for the money transfer.

The witness called Murphy and told him that the victim was interested in the money and would not pursue charges.

Murphy then got off the phone to confirm he could get the money. He called the witness back about 20 minutes later saying he could do so, confirming he could meet at 3 p.m. on Aug. 2.

He arrived at the witness’ apartment and gave the cash. Polson Police captured photos of him entering and exiting the home. He provided a receipt for the witness to sign for the cash.

Later on Aug. 2, court documents state that Murphy went to the Lake County Courthouse to confirm he did not have to appear for the July 31 citation previously issued by police.

Murphy was arrested for tampering with evidence before he could talk with the prosecuting attorney handling the case.

He admitted to the money exchange, court documents state.