Montgomery County elected officials joined police and the leader of the officers union in expressing disappointment with Friday’s jury verdict in a case involving a Frederick man who struck and severely injured a county police officer on I-270 in October 2023.
Though local leaders said they accepted the verdict, County Executive Marc Elrich and others said it did not deliver a needed warning about the consequences of driving recklessly – especially in light of the life-threatening injuries suffered by police Sgt. Patrick Kepp.
“Senseless incidents like this should not occur in our County or anywhere,” Elrich said in a statement released Friday night. “This jury missed an opportunity to deliver a serious message to those who use our roads like a racetrack.”
After two days of deliberation, a Montgomery County Circuit Court jury on Friday found Raphael Mayorga, 21, not guilty of the most serious charges against him: first- and second-degree attempted murder and first-degree assault. However, he was found guilty of second-degree assault and several traffic charges, including fleeing and eluding police officers, failing to render aid to an injured person and attempting to elude police by fleeing on foot.
According to the Montgomery County State’s Attorney’s Office, Mayorga faces up to 28 years and 120 days in prison at his Aug. 27 sentencing.
The charges resulted from a collision in which police Sgt. Patrick Kepp was struck by a green Dodge Challenger driven by Mayorga, then 19, as the officer attempted to deploy stop sticks in a highway lane to halt the speeding car. Prosecutors alleged that Mayorga had driven speeds as high as 160 mph that night.
Kepp’s right leg was amputated in the crash and his left leg was amputated during surgery at a hospital. After months of recovery and intensive rehabilitation, Kepp returned to work at the police department in June 2024.
Following Friday’s verdict, Montgomery County State’s Attorney John McCarthy was joined by police Assistant Chief Darren Francke and County Councilmember Dawn Luedtke (Dist. 7) in expressing disappointment with the verdict. Speaking to reporters at the county’s Circuit Court in Rockville, McCarthy said it was a “miracle” that Kepp was alive.
County Police Chief Marc Yamada echoed county leaders, saying in a Friday evening statement that he was “profoundly disappointed.”
He said it was difficult to accept the “decision to acquit on the most serious charges” brought against Mayorga, noting the outcome was “devastating” for Kepp and the department members who stood by him as he recovered and pursued justice.
“Unfortunately, we have limited influence over how the judicial process unfolds. However, as law enforcement officers, we must accept and respect the decisions rendered,” Yamada said.
Similarly, Lee Holland, president of Montgomery County Fraternal Order of Police Lodge 35, said in a statement emailed to Bethesda Today that the police union was disheartened by the verdict.
“As we reflect on the jury’s decision, we hoped for a different outcome, but we must remember that the jury carries an enormous responsibility to reach a verdict based on the evidence presented,” Holland said.
On Tuesday, Luedtke and County Councilmember and Public Safety Committee Chair Sidney Katz (Dist. 3) also expressed disappointment in the verdict to Bethesda Today.
Luedtke said the second-degree assault charge for which Mayorga was found guilty of is “equivalent of someone spitting on someone else” and wished the severity of the charges had been explained to the jury.
Katz said he hoped that come Mayorga’s sentencing, the judge would “sentence him properly.”
Isabelle Raquin, Mayorga’s attorney, did not immediately respond to Bethesda Today’s phone call for comment Wednesday morning.
Sgt. Patrick Kepp Act
Following the collision, Kepp, Montgomery County and state lawmakers, and local elected officials worked to craft legislation to impose stricter penalties on those who drive recklessly.
After months of advocacy, state legislators passed the Sgt. Patrick Kepp Act during the 2025 Maryland General Assembly session, which ended April 7, and the bill has landed on Gov. Wes Moore’s (D) desk.
Once the bill is signed into law, it will increase the number of points placed on a person’s driver’s license if the driver is found to be driving recklessly. It will also change the state’s definition of reckless driving to include speeding at a rate of 30 mph or more above the posted speed limit. Drivers charged with reckless driving could face up to 60 days in prison and a fine of up to $1,000 under the new law.
State Del. Greg Wims (Dist. 39) was a sponsor of the Sgt. Patrick Kepp Act and represents the Germantown and Montgomery Village area and portions of Gaithersburg. Wims told Bethesda Today on Wednesday that he, Kepp and other lawmakers had initially fought to pass the bill during the 2024 General Assembly session but were unsuccessful.
“So, we worked all summer, worked closely with Sgt. Kepp … and he actually came, I think, four different times at least he testified in Annapolis,” Wims said. “And this year, with 23 other delegates who joined on to the bill with me in the House … we were able to get the bill out, and so we got it from the House and the Senate, and the governor plans to sign it in the next three weeks or so.”
Wims said he hopes the new law will curtail reckless driving and drivers will slow down on the roadways.
At the county police department’s annual awards ceremony on April 9, Kepp told Bethesda Today that the passing of the legislation was a “relief.” He said that when he began advocating for the changes, he was astonished to learn “how weak our laws are here in Maryland” regarding reckless driving.
“To now be able to have more teeth behind it, more tools in our tool belt, to keep our roadways safe, prevent major incidents from happening and happening … it’s really nice that the legislation has come through,” Kepp said. “It’s going to make our job a little easier and hopefully serve as a deterrent for people in the community.”
In his Friday statement, Elrich thanked Kepp for his advocacy on behalf of the bill, saying the officer’s efforts were “instrumental in its passage.” Yamada also praised Kepp in his statement for his “tireless efforts” that led to the act’s passage in the General Assembly, legislation that he said will hold reckless drivers accountable with “real consequences.”
Moving forward
After the verdict Friday, Francke told reporters he was pleased to see the legislation approved, but said it was only the beginning of efforts to address the issue.
Luedtke said the next steps will involve examining existing laws for gaps.
“For me it’s about … starting that analytical process about where we might need adjustments to both our vehicle code and the criminal law code and specifically in DUI laws,” Leudtke said, noting that as a council member she can’t pass legislation that affects vehicle or criminal law code.
“A lot of pieces of law that have come into existence over time came at different points in time,” Luedtke added. “Now that we have an existing code, how do they relate to one another? Where might they be confusing? Where might we need greater clarity? And how does this all play out in sentencing?”
Wims said he and his staff plan to monitor the success of the Sgt. Patrick Kepp Act over the next six to seven months to see the impact on reckless driving. He also plans to work with delegates around the state to see if additional bills are needed to make traffic laws stronger.
“I think we have the attention when it comes to aggressive driving in Maryland General Assembly in the House and we will all work together to try to make things better,” he said.
Moving forward, in his Friday statement Yamada said the police department would “rally around” Kepp.
Although the “outcome is not precisely what we hoped for, it does not define Sgt. Kepp,” Yamada said. “His resilience and dedication to service will continue to inspire this department and our community.”
