Revocation hearing for convicted murderer continued

Jun. 14—WILKES-BARRE — Luzerne County Judge Joseph F. Sklarosky Jr. and a defense attorney are attempting to find common ground to a dilemma involving a decade old sentence imposed upon a man for the fatal shooting of a 17-year-old boy in Wilkes-Barre.

Gary Murphy, 42, pled guilty to third-degree murder in the death of Jerald Rollie McCloe on South Welles Street on Dec. 14, 1998. Court records and previous published reports say the shooting was about a broken window.

Former Judge Joseph Augello initially sentenced Murphy in 1999 to five to 10 years in state prison followed by 20 years of special probation. Once released on parole, Murphy was re-sentenced in May 2009, to 10 to 20 years in prison for a parole violation.

Murphy was released from prison in 2019 after serving 20 years.

Today, court officials are trying to understand Augello's special probation requirement after Murphy was recently cited with multiple parole violations.

Murphy's attorney, Thomas Cometa from the Public Defender's Office, believes there is a conflict between state parole and Augello's special probation that may involve the county's adult probation department. Cometa further said Murphy has drug and alcohol issues and has failed to report to his state parole agent.

Cometa noted special probation doesn't make sense as he believes the special conditions set by Augello were never made official at Murphy's 1999 sentencing hearing and again during the 2009 re-sentencing hearing.

"At least everyone is in agreement he needs drug and alcohol services again," Cometa said.

Murphy was involved in two in-patient treatment facilities and one out-patient treatment program for alcohol use since 2019.

Sklarosky ordered a drug and alcohol assessment of Murphy and continued the revocation hearing until July 27.

According to Murphy's supervision report from the state parole department, Murphy has repeated violations of failing to meet with his assigned state parole agent on a scheduled basis, has refused to seek full-time employment, left the state without permission and found in Atlantic City, N.J., and multiple violations of alcohol use, including two drunken driving arrests.

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