FORT WORTH - In a decision handed down late last week, an appeals court upheld the burglary and evading arrest convictions and penitentiary sentences a Parker County jury gave to a 36-year-old New Mexico man in February, 2008.
Anthony Dwayne Morgan, a Clovis, N.M. resident, was convicted of August, 2007 charges of burglary of a habitation and evading arrest with a motor vehicle. The jury sentenced Morgan to 60 years in prison for the burglary offense and 20 years for the evading charge.
The case began on Interstate 20 near Brock when a state trooper tried to pull Morgan over for speeding. When Morgan refused to pull over, an 18 mile chase ensued, stretching through residential areas of Weatherford at speeds of up to 100 m.p.h., according to officers. During the pursuit, Morgan ran several cars off the road and into a bar ditch.
The chase concluded on Bankhead Highway in Willow Park when Morgan left the roadway and crashed. Still bleeding from the mouth from losing a tooth in the wreck, Morgan fled into a nearby neighborhood, where he entered the home of an elderly couple.
According to the 72-year-old burglary victim, she saw Morgan shut and lock her door and close the blinds. When she saw that he was bleeding, the victim offered to call 911. Morgan said “no” and took the keys to the woman’s car. Although he initially believed the victim was going to drive him, when she started screaming to a neighbor as they were walking to her car, Morgan jumped into the woman’s car and tried to drive away.
On appeal, Morgan’s attorney, Kyle Claunch, argued that the evidence was legally and factually insufficient to justify the verdicts on both charges. The defense contended that the prosecution failed to prove that Morgan’s entry into the victim’s home was unauthorized and that witnesses for the state could not directly prove that Morgan was driving the vehicle.
In denying Morgan’s appeal, the Second District Court of Appeals in Fort Worth said that, “The question is whether a rational trier of fact could determine [Morgan’s] guilt beyond a reasonable doubt.” After a lengthy, fact-intensive review of the case, the Court ruled that there was sufficient evidence to upheld the jury’s verdict.
“In looking at this kind of appeal, the courts use a deferential standard of review,” said Assistant District Attorney Eddy Lewallen, who handled the appeal for the prosecution. “It’s not, ‘Would I have decided this case the same way?’, its ‘Could a reasonable jury look at the evidence and make the decision that they reached?”
According to Lewallen, Morgan could still appeal to the Texas Court of Criminal Appeals, the state’s highest criminal appeals court, but, with the exception of death penalty cases, that court has the discretion to hear only those cases that it finds present important legal issues. “Since this case does not present any novel issues of law, I doubt that this case would be granted review.”
During the punishment phase of the trial, Assistant District Attorneys Kathleen Catania and Robert DuBoise introduced evidence showing that Morgan had prior penitentiary sentences in Texas and New Mexico for three drug offenses, robbery, child abuse, and possessing a stolen firearm. Texas and New Mexico police officers also testified about three additional drug offenses for which Morgan is still awaiting trial. The New Mexico officers also testified about Morgan’s involvement in reviving a street gang and turning it into a serious crack cocaine dealing organization after he was released from prison.
Another police officer testified that, the day before the Parker County crimes for which Morgan was convicted, he was dispatched to a potential shooting in New Mexico involving Morgan. During his attempt to investigate, Morgan decided to flee and ended up dragging the officer down the street as he hung out of the window of Morgan’s car.
“The jurors in this case took a long look at Mr. Morgan’s life and decided that he deserved a very long sentence,” DuBoise said. “I’m glad that their decision will stand.”
Local News
Parker County convictions upheld
- Local News
-
-
10 most romantic hotels in the U.S.
Valentine’s Day will be here soon, and a romantic getaway may be just what the heart needs. TripAdvisor has released its list of the 10 most romantic hotels in the country, based on travelers’ reviews about the beautiful scenery, friendly staffs and romantic amenities like hot tubs and fireplaces.
-
Flooding at issue in other subdivisions
While much attention has been given to the Briarwood subdivision, located off of Santa Fe Drive in Weatherford, during the last two months storm water drainage issues have occurred in additional subdivisions and concerned homeowners. This has been an ongoing issue for many areas throughout the city.
- Child paddled, abuse at school not substantiated
-
Wildlife volunteers needed
Like any other mother, Donna Robinson has pictures of her “babies” on her phone.
“Let me show you,” she said eagerly. “I’ve got lots of pictures of the kids.”
She scrolls through the photos — there’s one of a squirrel with milk on its mouth after a feeding. Oh, there’s a cute one of two tiny possums looking over her shoulder as she feeds another “baby.” Aww, there’s the group of four raccoons named after the Beatles: Ringo, Paul, George and John.
Ok. She’s not your “ordinary” mom. -
Water woes on floodplain in Weatherford
When Wendy Walling purchased her home in the Briarwood subdivision off of Sante Fe Drive in the mid-1990s, her son could easily jump from one side of the small creek behind the home to the other.
“My son was in fourth grade (when we moved in) and he could actually jump across the creek,” Walling said.
By 2007, however, Walling said the width of the creek had begun to expand.
“(The creek) can hold water now and before it never could,” Walling said. - DPS: Motorcyclists didn't see slowing truck
- Kidnapper gets 99 years
- Judge tosses plea in horse deaths
-
Weatherford junior to perform with All-State choir
When she was a little girl, Cassandra Kirby used to climb up next to her grandmother’s big fireplace and sing songs during the holiday get-togethers.
While she has a reserved and polite personality, recalling these memories makes a big smile break out onto Kirby’s face.
Get her talking about songs and suddenly she’s effusive and happy. -
Rock solid gymnasts
- More Local News Headlines
-
Man Killed in Courthouse Shootout
Video of Ga. Man Who Killed Girl Released
Air Force Airlines: Leaders Get Polished Service
Ga Girl Fights Off Kidnapper at Walmart
Nevada Highway Patrol, City Settle Beating Case
White House Attacks Romney on Birth Control
Homs Bombardment Continues, Global Outcry Grows
Mo. Teen Gets Life Sentence for Killing Girl, 9
Lower-hassle Screening to Be Tested at Airports
Raw Video: Dog Rescued From Icy Colo. Water
Helmet Camera Captures Calif. Fire Rescue
Worker Tells 911: Powell 'exploded the House'
Triple Win: Santorum Takes Minn., Mo., Colo.
Injured Marine Inspired by Homecoming
No Rape Charges Against Son of NYPD Commissioner
Egypt's Ruling Generals Play Risky Game With US
Former Komen Exec Defends Funding Cut
Skip the Coffee Cup and Inhale Your Caffeine Fix
Calif. Gay Marriage Ban Ruled Unconstitutional
Jury Selection for Ex-UVa Athlete Enters 2nd Day
