RICHMOND, Va. -- The Commonwealth has asked a judge to dismiss a motion filed by Rand Hooperto reduce his 6 year sentence for leaving his friend to die in the Rappahannock River after crashing his family's boat while drunk.
In his response to defense attorney Craig Cooley's motion, King William County Commonwealth's Attorney Matt Kite said the motion "completely fails to cite any reason why a sentence reduction appears compatible with the public interest and there are circumstances in mitigation of the offense."
In his motion, Cooley said the boat involved in the crash that resulted in Graham McCormick's death was recently released from the Lancaster Sheriff's Office.
Cooley claims the boat did not have nearly as much damage as the prosecution claimed it had during the trial, and he argues the boat's damage shows no indication of who was driving the boat at the time of the crash.
He re-highlighted the argument he made during the trial that there was no evidence that Rand Hooper was driving the boat at the time of the crash, therefore, he could not be held responsible for McCormick's death.
Kite argues "those same arguments were heard, and rejected, by the Court when it denied the defendant's motion to set aside verdicts."
Cooley also argues that Hooper was out on bond for 40 months living a "restricted life" while awaiting trial, and there is no sentencing guideline to suggest a sentence as "harsh" as the one imposed.
"This argument is specious at best," Kite argues in his response, stating that, despite the serious charges, the Commonwealth is not aware of any time it opposed bond, and also allowed Hooper to travel out of state for his wife's medical care.
He also argues it was Hooper who "successfully petitioned the Court to remove the elected Commonwealth's Attorney from prosecuting those matters," which delayed the case further.
"The defendant's complaints deny the actual torturous procedural history of this entire case, and fail to support any reduction of his active sentence of incarceration," Kite writes.
A hearing on the motion is scheduled in Norfolk on Friday, Sept. 16 at 2 p.m.
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