Parker County convictions upheld

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.”