PADUCAH – The former Murray State University student who made headlines in September 2022 after attempting to throw a Molotov cocktail into a crowd of sorority members was sentenced in United States District Court last week for possession of an unregistered firearm. With his federal case resolved, now he must face additional charges related to the incident in state court.

Jack Epperson, 22, of Murray, pleaded guilty to the federal charge in July. In the agreement, he acknowledged that he knowingly possessed an unregistered firearm, the Molotov cocktail, that Saturday morning and attempted to throw it towards the students in retaliation for “being denied the opportunity to speak to a former girlfriend.” Fortunately, it fell short of the crowd and burned out in the grass. He was 19 years old at the time.

The recently adjudicated federal case only concerned the unregistered firearm, which, by definition, includes improvised explosives. Notably, other potential crimes committed that day are being addressed in Calloway Circuit Court, where Epperson was charged with two counts of first-degree assault, one count of second-degree wanton endangerment and one count of possession of a destructive/booby trap device.

In the federal case, sentencing memoranda were filed by both sides in December. Pursuant to the plea agreement, U.S. Attorney Michael Bennett requested a sentence at the lowest end of the penalty range, 37 months, but he argued that Epperson should be imprisoned for the duration and subject to supervised release for the following year.

“This case involves more than the simple possession of an unregistered firearm,” Bennett wrote. “Here, the defendant both constructed and used the ‘Molotov cocktail’ in what, thankfully, was an unsuccessful attempt to throw the cocktail at a group of students outside a campus building. The defendant’s attempt failed only due to his incompetence at the task, good fortune, or some combination of the two. The defendant’s conduct is much more than the ‘run of the mill’ unregistered firearm case.”

Bennett further noted that “the defendant’s criminal act was not a spur of the moment [sic] decision; instead, his preparation suggests it was a planned response to punish those who prevented his attempts at conversation.”

Finally, Bennett argued that imprisonment was not only necessary to deter Epperson himself from committing further crimes but also to deter others from committing similar crimes. Despite the fact that no one was harmed, Epperson’s actions that day “understandably created terror amongst those present, (and) given the dangers presented by such criminal activity, others, contemplating similar crimes, must be deterred.”

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But Jason Holland, the Hopkinsville-based attorney representing Epperson, argued that imprisonment would actually be detrimental to his client, suggesting that a probated sentence of 37 months would be more appropriate given the extraordinary circumstances and underlying issues at hand and still sufficiently reflected the serious nature of the crime and promoted respect for the law.

His memorandum provided a detailed accounting of Epperson’s development, going back to his time in utero, when complications during pregnancy and birth resulted in hearing impairments and mild cognitive damage along with other risk factors that predisposed him to, among other things, impulsive behaviors and attention deficit hyperactivity disorder (ADHD).

In childhood, Epperson was diagnosed with autism spectrum disorder (ASD), but early intervention successfully reduced his symptoms to the point where he no longer met diagnostic criteria for the disorder. Regardless, his rate of development was consistently behind that of his peers. Because of those factors, Holland argued, Epperson was disproportionately impacted by the disruptions experienced at the beginning of the COVID-19 pandemic.

The routines he developed to successfully manage his developmental challenges and mental health issues “were wiped away virtually overnight,” and he lacked the capacity to cope with the sudden change “at the speed of his peers or community.” Epperson’s grades suffered, and he was expelled from his fraternity.

“He became severely depressed, stopped eating, interacting, or speaking as often, and asked for more help,” Holland wrote, adding that in March 2021, Epperson began speaking to his mother about having “bad thoughts,” although he did not specify what they were.

That summer, Epperson took an internship in Texas, and his mental state started to improve; but he had difficulty getting all of his medications because they were prescribed by his psychiatrist in Murray, which proved to be destabilizing.

“It was against that backdrop,” Holland noted, “that he and his girlfriend ended their relationship.”

After his arrest, Epperson was committed to Western State Hospital in Hopkinsville, and while there, he underwent a competency evaluation. The report stated that Epperson’s depression and ADHD symptoms, while “not sufficient to obviate competence completely,” contributed to a perception of being “stranded in what felt like an unbearable and hopeless situation to him, and he had neither the emotional/developmental skill to explain how he felt, nor develop supports outside his parents to help with his emotional pain.”

Western State examiners concluded, according to the memorandum, that Epperson’s impulsive crime was “consistent with both his known diagnoses and level of distress.” They also noted that his “biologically shifting response to treatment with amphetamines [for ADHD], moving from effective in childhood to further agitating him in his young adult years” was a complicating factor.

“His mental health issues, while not fully exculpatory, are also not minor, negligible, or inconsequential, and should be considered as mitigating factors,” Holland argued.

Since his initial arrest, Epperson has maintained full-time employment, committed no new offenses, cooperated with authorities and complied with all court orders, both state and federal, Holland wrote. He regularly attends Westside Baptist Church and has developed a strong support system among the young men in his “small group” there.

• Related coverage: Epperson pleads guilty in federal court

Epperson regularly sees a counselor and has “learned very effective stress management techniques.” He also sees a psychiatrist for medication management and is stable on his current medication regimen, which consists of five medications. Holland notes, however, that at least three of the medications would not be available to him in a correctional facility.

“Due to his developmental issues, features of autism spectrum disorder, and significant mental health issues/need for five specialty medications, Jack would be subject to harsher penalties than others due to confinement,” Holland concluded. “… This would essentially be recreating the damage that has been improved and/or healed as opposed to serving any cautionary or rehabilitative purpose.

“Jack’s developmental issues and naivete would further increase an already unfair penalty to him, as he would be in protective custody and isolation during any incarceration, further miss key developmental opportunities and likely have compounding trauma due to exploitation and direct harm from others.”

In the end, U.S. District Judge Benjamin Beaton adopted neither parties’ request. On April 9, Beaton sentenced Epperson to four months imprisonment and two years of supervised release.

Epperson’s case in Calloway Circuit Court has remained active on the docket bur has largely been stalled, pending the outcome of the federal case. He is scheduled to appear for a status hearing on Monday at 8:30 a.m.

Individuals charged with crimes are presumed innocent until proven guilty in a court of law.