Sexual predator sentenced to 50 years in prison, mother of his victim sentenced to 10 years in prison for not reporting sexual battery of a minor

Staff report

GAINESVILLE, Fla. – David Franklin Wolfe, 65, has been sentenced to 50 years in state prison and Kate Ann Murray, 42, has been sentenced to 10 years in state prison after Wolfe was found guilty of two counts of lewd/lascivious molestation on a victim under the age of 12 and Murray was found guilty of aggravated child neglect and failure to report suspected child abuse.

The first indication of abuse reportedly came when the then-11-year-old victim saw a doctor on January 17, 2023, and said Murray, her mother, had punched her in the head and that this was causing “a significant amount of long-term physical pain and mental disturbance.”

The next day, an investigator from the Department of Children and Families (DCF) interviewed the victim about the report that Murray had punched her, and the victim reportedly disclosed to the investigator that she had told Murray that Wolfe had been touching her “privates,” but Murray continued to allow her and sometimes instruct her to go to Wolfe’s apartment “every day” after school and every weekend “as soon as [she] woke up.” The arrest report states that Gainesville Police Department officers reviewed text messages in which Murray told the victim’s teacher that the victim was supposed to go directly to Wolfe’s apartment after school.

On January 18, a DCF investigator interviewed the victim, who said that Wolfe, a neighbor in Southern Pines Apartments, had sexually battered her “every day since the summer… at least half a year.” She said Wolfe gave her money and let her play with his PlayStation 4 video game system.

Murray reportedly told the investigator that her daughter went to Wolfe’s apartment alone almost every day. She said she had known for about two months that Wolfe was touching her daughter inappropriately, but the investigator reported that Murray never reported this to law enforcement or DCF. The victim reportedly said her mother told her that if DCF opened a case, she would be taken away from her mother.

Our original report on Wolfe’s arrest can be found here, and the original report on Murray’s arrest can be found here.

Assistant State Attorney Lua Lepianka led the prosecution team in both cases, and Judge William Davis presided over the sentencing hearings.

Gainesville Police Department Chief Nelson Moya said, “This sentencing serves as a powerful reminder that justice will be served for the most vulnerable members of our community—our children. The Gainesville Police Department is committed to protecting our youth, and we want to be clear: if you abuse a child, or are complicit in any way in that abuse, you will be charged, prosecuted, and held accountable to the fullest extent of the law. We stand with the survivors of these heinous crimes, and we will continue to work tirelessly to ensure the safety and well-being of all children in our community.”

Wolfe’s charges, plea, and sentence

Wolfe was originally charged with six counts of sexual battery on a victim under 12 (a capital felony), six counts of lewd/lascivious molestation of a victim under 12 (a life felony), four counts of aggravated child abuse (a first-degree felony), one count of human trafficking (a first-degree felony), six counts related to child pornography (third-degree felonies and first-degree misdemeanors), and resisting an officer without violence.

Wolfe was indicted on 12 charges – five counts of sexual battery on a victim under 12, two counts of lewd/lascivious molestation on a victim under 12, lewd/lascivious exhibition, showing obscene material to a minor, attempting to use a child in a sexual performance, enticing a child under 12 after a prior sex offense, and resisting an officer without violence.

Wolfe entered a plea of nolo contendere to two counts of lewd/lascivious molestation of a victim under 12 (life felonies); as part of the plea agreement, the state dropped the rest of the charges. He was sentenced to 25 years on each charge, to be served consecutively, with credit for 272 days served; according to the plea agreement, the maximum sentence for the charges is life in prison. He had already been designated as a sexual predator since 1997.

Murray’s charges, plea, and sentence

Murray was originally charged with five counts of sexual battery on a victim under 12 (a capital felony), two counts of lewd/lascivious molestation of a victim under 12 (a life felony); one count of aggravated child abuse (a first-degree felony); one count each of lewd/lascivious exhibition, child neglect with great bodily harm, and accessory after the fact to child abuse (second-degree felonies); and showing obscene material to a minor, enticing a child under 12 after a prior sex offense, failure to report suspected child abuse, and tampering with evidence (all third-degree felonies).

Murray was indicted on 12 charges – five counts of sexual battery on a victim under 12, two counts of lewd/lascivious molestation on a victim under 12, lewd/lascivious exhibition, showing obscene material to a minor, enticing a child under 12 after a prior sex offense, failure to report suspected child abuse, and neglect of a child with great bodily harm.

She entered a plea of nolo contendere to aggravated child neglect and failure to report suspected child abuse; as part of the plea agreement, the state dropped the rest of the charges. Murray was sentenced to 10 years in state prison with credit for 161 days served; according to the plea agreement, the maximum sentence for the charges is 20 years in prison.