On Jan. 4, emergency personnel stood outside 75 Grove Street, where a car driven by Stephen Murphy drove into a house. PHOTO/JERRY SPAR

After a two-day bench trial, a judge on Friday found Hopkinton resident Stephen Murphy guilty on a charge of negligent operation of a motor vehicle and two counts of leaving the scene of an accident that caused property damage.

On Jan. 4, Murphy was arrested following a motor vehicle crash that damaged houses at 75 and 77 Grove Street. Police charged him with the previous counts, along with operating under the influence of intoxicating liquor (second offense).

Proceedings on the second day of the trial, which was held at Framingham District Court, involved witness testimony, further reviews of evidence and closing statements.

Elizabeth Lee of the Middlesex District Attorney’s office put Hopkinton police officer Noah Buentello on the stand to give his testimony. Buentello was called to the Grove Street scene on Jan. 4 and filed the official accident report.

Buentello detailed tire marks that cut through 77 Grove Street and led to the house next door, which experienced “significant damage,” in his estimation.

During his cross-examination of Buentello, Charles McLean — Murphy’s lawyer — began to mount a defense that pointed to a medical event, not intoxication, as the cause for the accident.

He claimed there was a lack of necessary accident reconstruction data. He also highlighted witness testimony that claimed Murphy was driving “just fine” before the incident.

“The weight of [a large vehicle] can cause damage even at low speed, correct?” McLean asked Buentello, who responded in the affirmative.

After the officer departed the witness stand, McLean provided Judge McGrath with video evidence of Murphy’s booking at the Hopkinton Police Department and an affidavit of a medical report.

In the medical report — which Lee objected to but the judge allowed — a doctor stated that Murphy was suffering a condition known as “cough syncope,” a condition where a patient loses consciousness following an episode of coughing.

McLean said that the affidavit showed treatment for Murphy’s condition began after the incident on Jan. 4.

In addition, McLean noted that his client told officer Nicholas Walker, who stopped Murphy moments after the crash, that he was chewing tobacco and might have swallowed it, causing him to pass out.

Both attorneys then gave their final statements to the judge.

In her closing remarks, Lee argued that Murphy knew he caused the property damage, and “had the presence of mind to reverse out of the house and drive away.” 

She also pointed to testimony from Walker about Murphy’s alleged intoxication that was corroborated by other evidence the state provided.

“The defendant refused medical attention at the scene,” Lee added. “If he knew he had a medical incident, he would have waited for medical attention.”

“The first person [Murphy] spoke to said he didn’t know he was in an accident,” McLean offered up in his closing argument. 

Other than officer Walker’s report of smelling alcohol on his client, there was no other proof of intoxication, McLean argued. He alleged, therefore, that the state had not met its burden of proof beyond a reasonable doubt.

Judge McGrath agreed the state “had not established as fact” that Murphy was intoxicated. He found Murphy not guilty on the OUI charge.

Upon hearing recommendations from Lee, McGrath sentenced Murphy to 18 months probation for both counts of leaving the scene of property damage as well as the negligence charge. All sentences are to run concurrently.

Murphy’s sentencing included the loss of his license for 60 days. However, McLean stated that both police and his client’s doctor had filed immediate threat suspensions to revoke Murphy’s license, so he was unlikely to get it back.

At the end of the trial, Lee read a victim impact statement from Ted Barker-Hook, who lives at 77 Grove Street.

In Barker-Hook’s statement, he detailed the damage to his home and the impact the incident had on he and his wife.

“The shock and fear have eroded, but things are far from normal,” the statement read.

The letter asked for strong sentencing, given Murphy was being charged with a second offense OUI and the incident occurred a quarter-mile from Hopkinton Middle School when kids were being let out for the day.

“We’re all very fortunate there was not a person in those yards,” Judge McGrath concluded.