Repeat offenders charged in Murray hotel rape

Editor’s note: This article includes descriptions of sexual assault that some may find disturbing.

Two men whose criminal histories are marked by violence against women were arraigned Tuesday in connection with the alleged rape of an unconscious woman at a Murray hotel.

Cary Bogard, 57, of Hazel, is charged with first-degree rape for allegedly engaging in sexual intercourse with a woman while she was unconscious. James Underhill, 56, of Murray, is charged with complicity to first-degree rape for allegedly aiding Bogard in committing the offense, including by filming it.

According to the complaint warrants, the Murray Police Department began its investigation June 15 after the woman reported that she had been sexually assaulted at the Red Roof Inn several months earlier.

The woman told police she had been drinking moonshine with Underhill, Bogard and another man before passing out. She said she awoke and found Bogard near her groin. She kicked him and struck him with a bottle before leaving in a cab.

Days later, the woman found a video on her phone that appeared to show Bogard performing oral sex on her while she was unconscious, according to the complaint. Police said she showed no movement or reaction in the video. The woman said she believed Underhill was the person filming.

The woman said she had previously seen two other videos but could no longer access them. She recalled one included a discussion between two men about sexually penetrating her and a comment that she “drank it” and would be “knocked out.” Police were unable to locate those videos.

The third man present that night, who has not been charged, told investigators he entered the room, found the woman passed out on the bed, fully clothed, and he laid down in the other bed. He said he drifted in and out of consciousness and lost track of time. At different points, he recalled seeing that the woman’s pants had been removed, Bogard performing oral sex on her and Bogard on top of her in what he believed was sexual intercourse.

The witness said marijuana and methamphetamine were being used in the room. He also suggested he may have been drugged, telling police he felt “stuck to the bed” and could not move or function normally.

The witness said Underhill recorded the encounter and had earlier suggested the woman would have sex with both men if they got her so intoxicated that she passed out. The witness said he objected to having sex with a woman without her consent.

Investigators described the witness as very emotional during the interview. He said he wished he had done something that night and felt guilty for not helping the woman.

The complaint warrant states the cab driver who picked up the woman afterward reported that she was emotional and had bruising near her groin.

Underhill told police he was at the Dollar General across the street when the alleged assault occurred and did not witness it. When asked about the video, he said he had been accused of recording it but had nothing to do with it.

Both men were arraigned Tuesday morning in Calloway District Court via Zoom from the Calloway County Detention Center.

During Bogard’s hearing, Calloway District Judge Randall Hutchens asked Assistant Commonwealth’s Attorney James Burkeen for a bond recommendation. Citing Bogard’s extensive criminal history, he recommended a $100,000 cash bond.

Online court records show Bogard’s criminal history dates to 1997 and includes three domestic violence proceedings and guilty pleas in four misdemeanor and two felony cases. Taken collectively, the cases articulate common themes of alcohol use and violence against women.

Bogard pleaded guilty in 1997 to the misdemeanor charge of fourth-degree aggravated assault, spouse abuse. Three women later filed domestic violence petitions against him in Calloway District Court, resulting in emergency protective orders in 2006, 2016 and 2019.

He also pleaded guilty to misdemeanor charges in two alcohol intoxication cases in 2012. In 2024, he pleaded guilty to driving under the influence and driving on a suspended license.

Bogard faced his first felony charges in 2014, after his pregnant daughter-in-law reported that he sexually assaulted her, according to the citation. She told officers that Bogard had been intoxicated and made “crude sexual comments” throughout the day.

Later that night, the woman said, Bogard called and texted to say he was coming to her apartment despite her telling him not to. After she went to bed, he allegedly broke into her apartment and entered her bedroom. He placed his hands on her neck, restraining her to the bed, while he kissed and fondled her.  

Bogard was charged with second-degree burglary, first-degree sexual abuse, first-degree unlawful imprisonment and two counts of third-degree terroristic threatening. He ultimately pleaded guilty to all five counts, with the burglary and sexual abuse charges amended to first-degree criminal trespassing and sexual misconduct, respectively.

In 2019, Bogard pleaded guilty to first-degree wanton endangerment after the charge was amended from second-degree assault. According to the citation in that case, his fiancée told officers both of them had been drinking when Bogard forced her to the ground and struck her several times. Later he used a stun gun and shocked her four to five times. The 2019 emergency protective order arose from the same incident.

During Underhill’s arraignment, Hutchens similarly asked Burkeen for a bond recommendation. Noting Underhill’s record was less extensive than Bogard’s, he recommended a $50,000 cash bond.

While Underhill has no prior felony convictions, court records show domestic violence proceedings in 1999 and 2003 and multiple intoxication-related charges, one of which was dismissed.

In 2025, Underhill was charged with public intoxication involving a controlled substance, which was later identified as methamphetamine. Prosecution was deferred for 18 months, but the case was reopened after Underhill was charged with another misdemeanor in February.

According to the complaint warrant in that case, officers responded to a domestic disturbance call after a woman told them Underhill woke her while she was sleeping on a couch and asked her to perform oral sex. When she refused, Underhill struck her repeatedly in the face and head before fleeing on foot.

The woman is also identified as the alleged victim in the newly filed felony case.

Underhill was charged with fourth-degree assault involving domestic violence with minor injuries. He posted a $1,000 cash bond and was released under conditions that included having no contact with the woman.

Underhill was arrested again in early April for allegedly violating the no-contact condition of his bond. On April 15, he pleaded guilty in all three misdemeanor cases.

As suggested by the prosecution Tuesday, Bogard and Underhill are being held on $100,000 and $50,000 cash bonds, respectively. They are scheduled to return to Calloway District Court Wednesday, July 1, for preliminary hearings.

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