Verdict reached in attempted murder trial for Maryland driver accused of intentionally hitting officer

MONTGOMERY COUNTY, Md. - A verdict has been reached in the trial of a Maryland driver accused of intentionally hitting a police officer, who lost both of his legs in the crash. 

Raphael Mayorga has been found not guilty of attempted murder in the first and second degree as well as first-degree assault.

He was found guilty of second-degree assault and a dozen other charges connected with his actions the morning of October 18, 2023 that led to Montgomery County Police Sgt. Pat Kepp.

 "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," said Montgomery County State’s Attorney John McCarthy.

 There were glancing mentions during the trial that Mayorga and Sgt. Kepp had a history with one another, crossing paths on a few occasions, largely when Kepp was pursuing Mayorga for traffic safety violations.

 Prosecutors said Mayorga had a history of trying to bait police into chases.

But McCarthy said prosecutors were not able to enter as much evidence of those past interactions.

McCarthy and police commended the judge and jury for the work they did, but indicated that hampered their ability to prove intent, feeling that Mayorga targeted Kepp. Again, the jury found Mayorga not guilty on those most serious charges.

Montgomery County Assistant Chief Darren Francke said this was a difficult verdict.

"What we’re disheartened by. What we’re angry about is that in this state, a 19 year old can turn a 4200 pound vehicle into a guided missile and on 10/18/23, he took that missile, endangered all residents in Montgomery County, Maryland and a public servant like Sgt. Pat Kepp made the decision that this needs to stop and what he got was a 4200 hundred pound missile aimed at him on 270," Francke said.

The Maryland Legislature did pass the Pat Kepp Act, which creates harsher sentences for reckless drivers.

Mayorga’s defense attorney declined to make any comment after the verdict was read.

State’s Attorney John McCarthy said Mayorga could face just over 25 years of jail time for what he was found guilty of Friday, and he’ll pursue a vigorous sentence.

That’ll happen August 27, and Mayorga will stay in jail until then.

McCarthy closed out this press conference by saying "God Bless Pat Kepp", adding that while he was disappointed in this verdict, he walked out of the courtroom and right back to work for the Montgomery County Police Department.

The backstory:

Police Sgt. Pat Kepp lost both of his legs in the crash early in the morning of Oct. 18, 2023. 

According to police, Mayorga was seen doing doughnuts in his lime-green Dodge Challenger, getting on and off of the highway wildly, swerving and speeding. After he nearly ran another car off of the road, police made the decision to deploy stop sticks.

Prosecutors say Kepp was standing in the left lanes of northbound I-270 in Gaithersburg, about to deploy stop sticks to stop the vehicle, which was going 162 miles an hour — three times the posted speed limit.

READ MORE: 19-year-old driver charged after intentionally hitting officer on I-270 in Gaithersburg

The prosecution says as Mayorga came up the highway, he saw Kepp and intentionally moved from the middle lanes to the far left lanes, barreling down the road toward Kepp’s patrol car, eventually striking the officer.

They say continued Mayorga continued speeding down the highway until he hit stop sticks laid out by another officer.

Mayorga is facing first and second-degree attempted murder and assault charges. Police say he also had a female passenger with him and was driving without a license.

The other side:

The defense's argument is that the collision was not intentional, and that Mayorga did not try to kill Kepp.  

In an interview with detectives played in court, Mayorga said he saw the officer standing in the roadway, hit the brakes and tried to swerve. He claimed he didn't know he'd hit the officer and only heard a tire pop. 

But Kepp's dashboard camera video — before and after impact — shows Mayorga never slowed down. 

The backstory:

Montgomery County prosecutors say Mayorga, who was 19 at the time of the incident, had been known to bait police. They say he had also been arrested by Kepp once for speeding.

Montgomery County State’s Attorney John McCarthy spoke about Mayorga's history with the police department back in October when the crash happened. 

READ MORE: Suspect accused of intentionally running over Montgomery Co. sergeant has history of ‘baiting’ police

"Between April 28 and June 1 of this year, on four separate occasions, he [Mayorga] baited the police here in Montgomery County into high-speed chases along 270. That was effectively what he was doing again on this particular evening," McCarthy said, referring to the crash on I-270. "During some of the previous chases, they [police] would actually make phone calls to him. They knew who he was, he knew who they were, and he dared them to try and catch him."

"In the four previous chases, he outran the police. There are limitations on police pursuit policies and what they’re allowed to do. He got away from the police," McCarthy added. "An arrest warrant was issued for him. It took a certain number of days before that arrest warrant could be served."

Kepp, an 11-year police veteran, has since advocated for traffic safety to state legislators. He also testified on the opening day of the trial Monday.

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