Judge Bonaventure's Statement to Murphy and Tabish
This Court would just like to remark that the attorneys in this trial, from start to finish, have done an excellent job in presenting their respective positions. The District attorneys, Mr. Roger and Mr. Wall, have presented a well executed and efficient case and should be commended for their pivotal part in this process. Mr. Momot, Mr. Terry, and Mr. Scotti should also be commended. Your eloquent arguments, as well as your extremely well written briefs and motions put forth before this court, enabled your clients to have the some of the best legal representation ever to come before this Court. As Clarence Darrow once said, "To be an effective defense counsel, an attorney must be prepared to be demanding, outrageous, irreverent, and a renegade. You gentlemen; in your no nonsense, blinders on approach to representing these defendants, have served your clients well.
This is the time set for Entry of Judgment and Imposition of Sentences as to Sandra Murphy and Rick Tabish. Here it is, almost two years to the day of Mr. Binion's murder, and we all wish we were not here today, unfortunately due to the cowardly acts of the two defendants, we are. The many lives they have ruined will never be the same.
As I indicated, on behalf of the victims in this case, the Court has received letters from Leo Casey, Jack Binion and Bonnie Binion. Leo Casey writes this Court that his is 65 yrs old and has had everything he owned stolen from him by Rick Tabish. In addition, he suffers from severe neck pain, blurred vision, and chronic fatigue due to the beating he suffered at the hands of Mr. Tabish. He states that Mr. Tabish has ruined his life and that Rick Tabish is a vicious hardened criminal hoodlum thug, hell bent on crime. He asks for justice.
In a heart-wrenching letter to this Court, Bonnie Binion tries to explain the unforgivable harm that has been done to her, a harm which can never be undone. She asks how the knowledge of these horrific events can ever fully leave her. The Court can do many things, unfortunately it cannot heal Bonnie's hurt. For the images she has of her father's murder will permeate every aspect of her young life; indeed, she writes, her past and future relationships are marred forever. Mr. Tabish and Ms. Murphy by murdering this young ladies father you forever stole her innocence and peace of mind. Bonnie Binion asks for justice.
The greatest injustice to Bonnie Binion is that this Court, in doling out justice, cannot bring back her father. Ms. Binion writes that her health as well as her schooling has suffered from the acts of the defendants, and she has expressed such sadness; forever living with the notion that she will never have an adult relationship with her father. This Court realizes that her pain must be indescribable, one that, others who have never known it, cannot fully understand.
The jury has spoken in regard to Ted Binion's murder and has sentenced the defendants to life in prison with the possibility of parole after 20 years. Most disheartening to this Court, Bonnie Binion writes that she is forever haunted by the unbearable weight this horrible tragedy has left with her. This Court asks that Bonnie accept that none of us can help the things that life has done to us, and to not let your grief and pain harden your heart and steal your soul forever. If you allow that to happen, the defendants will have succeeded in also taking your life. Remember the words of Robert Anderson "Death ends a life, not a relationship."
Finally, this Court looks to Jack Binion's grief shortened letter. He writes that it was pure greed that drove the defendants to kill his brother. Greed most surely played a part, for greed corrupts and poisons all those who fall prey to it. However, what most concerns this Court in the defendants actions is the disregard of Mr. Binion's; for it is clear that Mr. Binion was truly in love with the defendant Ms. Murphy, and that he had befriended Mr. Tabish. What a horrendous image this court envisions, when it conjures up the picture of a man who so completely entrusts his confidences to his loved one, to only then be a victim of her ultimate betrayal. It is the sad irony of Ted Binion's life that whatever caused him to devote his love to Ms. Murphy, also started the spiral of his demise. The disdain that our society has for individuals who gain the trust of others only to cause them harm, is far greater than the aversion we have for criminals who carry out their crimes upon complete strangers.
However, the jury, after an extensive trial and penalty hearing felt that these defendants were deserving of parole after twenty years in prison. This Court is here now to see that justice be given to the Estate of Ted Binion and to Leo Casey given the fact the crimes occurred in three separate phases - the Extortion, the actual Murder, and the taking of seven million dollars worth of silver from the estate of Ted Binion.
This Court now looks to Richard Tabish in deciding what penalty to set for the crimes he has been found guilty of in addition to the Murder sentence of which the jury has set forth. This Court looks to the PSI report from the Department of Parole and Probation and weighs the particular circumstances of the offenses as well as the character of the defendant.
Mr. Tabish, there are more victims in this case then that of just Ted Binion and Leo Casey. In addition to the families of the victims who must live with what you have caused upon their loved ones, there is your family. Of which this Court has observed firsthand, one which seems to be of find and caring caliber. A family who looks upon their brother and son and wonders what went wrong, a family who looks upon you and wonders if there was the something they could have done to protect you from this situation. A family who is now forever shattered by your actions. Your young wife and two children forced to go forward without their husband and father, forced to forever be apart from you because of your deeds. All lives destroyed by your acts.
The letters this Court has received on your behalf, as well as what has been perceived by this Court over the many months, show an individual who is friendly and personable towards others. This is not surprising to this Court as you are a con man, one who gains the trust of others only to then betray them for your own personal gain.
Additionally, what is most striking to this Court is that you come from a family of some prominence and stability. In fact, you yourself were making a decent, fair and honest living, one which most people would be content with having. It was a life that you decided to give up to satisfy the most primal of your desires. There is no justification that you could bring to this court for your actions, as you are here by your own choice. Your lack of remorse and your ramblings as to the guilt of others is clearly an indication that you have not yet acquired the ability to take responsibility for your own actions.
Your prior Felony history show that you do not learn from your mistakes. You chose to steal that which is not yours, and now you must live with the results, you chose to beat up a 63-year-old man, and now you must live with the outcome, you chose to betray and kill your friend, and now you must live with the consequences.
Therefore, in recognizing the mitigating and aggravating circumstances, as well as your statements here today, and taking into consideration the Department of Parole and Probation Pre-Sentence Report, this Court sentences Richard Bennett Tabish to the following:
RICHARD BENNETT TABISH
CC# C161663
In addition to the $25 Administrative Assessment and $250 DNA Analysis fees payable to the Clark County Clerk, the defendant RICHARD BENNETT TABISH, to be sentenced as follows:
COUNT I CONSPIRACY TO COMMIT ROBBERY: To a maximum term of seventy-two (72) months with the minimum parole eligibility of TWENTY EIGHT (28) months in the Nevada Department of Prisons.
COUNT II CONSPIRACY TO COMMIT EXTORTION: To a term of ONE (1) year in the Clark County Detention Center to be served concurrently with Count I. And pay $7,000 restitution jointly and severely with co-defendant(s).
COUNT III CONSPIRACY TO COMMIT KIDNAPPING: District Attorney dismissed.
COUNT IV FALSE IMPRISONMENT WITH USE OF A DEADLY WEAPON: To a maximum term of seventy-two (72) months with the minimum parole eligibility of TWENTY EIGHT (28) months, in the Nevada Department of Prisons to be served concurrently with Count II.
COUNT V ASSAULT WITH A DEADLY WEAPON: To a maximum term of seventy-two (72) months with the minimum parole eligibility of TWENTY EIGHT (28) months in the Nevada Department of Prisons, to be served concurrently with Count IV.
COUNT VI EXTORTION WITH THE USE OF A DEADLY WEAPON: To a maximum term of ONE-HUNDRED TWENTY (120) months with the minimum parole eligibility of EIGHTEEN (18) months in the Nevada Department of Prisons, plus an equal and consecutive maximum term of ONE-HUNDRED TWENTY (120) months with the minimum parole eligibility of EIGHTEEN (18) months in the Nevada Department of Prisons for the Use of a Deadly Weapon. It is further recommended that Count VI be served concurrently with Count V.
COUNT VII MURDER OF THE FIRST DEGREE: Set by Jury Verdict, as LIFE with the possibility of parole, with eligibility for parole beginning when a minimum of TWENTY (20) years has been served. It is recommended that the defendant pay $10,992.68 jointly and severally with Sandra Renee Murphy, and that Count VII be served concurrently with Count VI.
COUNT VIII ROBBERY: To a maximum of ONE-HUNDRED EIGHT (108) months with the minimum parole eligibility of SEVENTY TWO (72) months in the Nevada Department of Prisons. Count VIII to be served concurrently with Count VII.
COUNT IX CONSPIRACY TO COMMIT BURGLARY: To a term of ONE (1) year in the Clark County Detention Center to be served concurrently to Count VII, (and/or)
COUNT X BURGLARY: To a maximum term of ONE-HUNDRED TWENTY (120) months with the minimum parole eligibility of TWENTY FOUR (24) months in the Nevada Department of Prisons. Count X to be served consecutively with Count VII.
COUNT XI GRAND LARCENY: To a maximum term of ONE-HUNDRED TWENTY (120) months with the minimum parole eligibility of FORTY EIGHT (48) months in the Nevada Department of Prisons. Count XI to be served concurrently with Count IX.
The defendant shall submit to a test to determine genetic markers.
This Court now looks to Sandra Murphy in deciding what penalty to set for the crimes that she has been found guilty of in addition to the murder sentence of which the jury has set forth. This Court looks to the PSI report from the Department of Parole and Probation and weighs the particular circumstances of the offenses as well as the character of the defendant.
Ms. Murphy your involvement in these crimes is horrific and strikes at the very core of trust between significant others. Through your greed and betrayal you plotted an elaborate scheme to kill Mr. Binion and steal his money, as well as swap him for a younger boyfriend. You presented yourself as a caring and loving girlfriend only to lure your victim into a trap which ultimately cost him his life. You too have not only ruined the lives of the relatives of Ted Binion, people who took you into their lives and trusted you, but also those of your own family. The pain and grief you have caused them must be immense, to sit and watch their daughter be found guilty of murdering the man with whom she attested her love to must be unpalatable.
This Court has witnessed firsthand your disdain for the laws of our society and particularly of this jurisdiction. No record could perpetuate your scowl of resentment or bland indifference toward these proceedings that this Court has witnessed. Your attitude reflects that of one who shows little respect for these proceedings and of the system of law. The public must be protected from individuals like yourself, for you do not display the telltale signs of the criminal actor. Your feigned innocence permeated this court, as if you are oblivious to the predicament you are in. Your facade is of no concern, as you are to receive just punishment for your offenses. You chose to steal that which is not yours, and now you must live with the aftermath, you chose to betray and kill your lover, and now you must live with the consequences. It is this Court's hope that after your period of incarceration, you will have awoken from the "Alice in Wonderland" dream-like state you have attempted to portray in this Courtroom and will have finally gained the understanding of what the law intends to do when certain lines are crossed and broken.
Therefore, in recognizing the mitigating and aggravating circumstances, as well as your statements here today, and taking into consideration the Department of Parole and Probation Pre-Sentence Report this Court sentences Sandra Renee Murphy to the following:
SANDRA RENEE MURPHY
CC# C1663
In addition to the $25 Administrative Assessment and $250 DNA Analysis fees payable to the Clark County Clerk, the defendant, SANDRA RENEE MURPHY, be sentenced as follows:
COUNT I CONSPIRACY TO COMMIT MURDER: To a maximum of seventy two (72) months with the minimum parole eligibility of TWENTY EIGHT (28) months in the Nevada Department of Prisons.
COUNT VII MURDER IN THE FIRST DEGREE: As determined by Jury. LIFE with the possibility of parole with eligibility for parole beginning with a minimum of TWENTY (20) years has been served. It is further recommended that the defendant pay $10, 992.68 restitution jointly and severally with Richard Bennett Tabish, and that Count II be served concurrently with Count I.
COUNT VIII ROBBERY: To a maximum term of ONE HUNDRED EIGHTY (180) months with the minimum parole eligibility of SEVENTY TWO (72) months in the Nevada Department of Prisons. Count VIII to be served concurrently with Count VII.
COUNT IX CONSPIRACY TO COMMIT BURGLARY: To a term of ONE (1) year in the Clark County Detention Center. Count IX to be served concurrently to Count VIII.
COUNT X BURGLARY: To a maximum term of ONE HUNDRED TWENTY (120) months with the minimum parole eligibility of TWENTY FOUR (24) months in the Nevada Department of Prisons. Count X to be served consecutively with Count VII.
COUNT XI GRAND LARCENY: To a maximum term of ONE HUNDRED TWENTY (120) months with the minimum parole eligibility of FORTY EIGHT (48) months in the Nevada Department of Prisons. Count XI to be served concurrently with Count IX.
The defendant shall submit to a test to determine genetic markers.
As far as this Court is concerned, this sentencing brings this case to its final chapter, it is this Court's desire that the victims and the families of the victims will also find some closure. Hopefully, they will be able to resume some semblance of normalcy as they move forward in their lives. As this case has garnered much media attention in this community and around the world, this court is cognizant of the fact that this community was very much affected by this case and its outcome. Now that the case has been resolved, it is hoped that Las Vegas will also find a sense of closure and return to more important matters that affect this great community. Justice, though due the accused, is due the accuser also. Justice has been served.
CASE CLOSED
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