IN THE DISTRICT COURT OF THE TWELFTH JUDICIAL DISTRICT OF THE STATE OF OF E DIS: OKLAHOMA SITTING IN AND FOR MAYES COUNTY ‘THE STATE OF OKLAHOMA, Plaintiff, RITA HARA vs. Case No. CF-2016- DEREK JAMES MORGAN ADDR: 1717 E. 71" Place #2606 Tulsa, OK DL: 082873549 SSN: 603.01-0695 DOB: 03/28/1985 Defendantis). INFORMATION COUNT 1; ASSAULT AND BATTERY WITH DEADLY WEAPON ~ 21 0.8. § 652, a FELONY STATE OF OKLAHOMA, COUNTY OF MAYES: |, Matthew J. Ballard, the undersigned District Attomey of said County, in the name and by the authority’ of the State of Oklahoma, give information that in said County of Mayes and in the State of Oklahoma, DEREK JAMES MORGAN did then and there unlawfully, wilfully, knowingly and wrongfully commit the crime(s) of COUNT 1: ASSAULT AND BATTERY WITH DEADLY WEAPON ~ a FELONY, on or between the 3tst day of December, 2015 and the 1st day of January, 2016, without justifiable or excusable cause commit an assault and battery on one C.P. with a deadly weapon, to-wit: Pistol, held in the hand of said defendant and Used by him to shoot C.P. MATTHEW J, BALLARD DISTRICT ATTORNEY ‘OBA #19401 ‘Subscribed and sworn to before me this 6" day of January, 2016, 2 bm. 492007453 5 4% A exp. 07-21-2018 JAN 06 2016win Michael Moore, Pryor Police Dept,, 214 S. Mill, Pryor, OK James Willyard, Pryor Police Dept, 214 $ Mill St, Pryor, OK 74961 Kevin Lanham, OSBI Headquarters, 6600 North Harvey, Oklahoma City, OK 73116 Chuck Ward, Pryor Police Dept., 214'S. Mill, Pryor, OK Ryan Whooley, OSBI Headquarters, 6600 North Harvey, Oklahoma City, OK 73116 Doug Barham, Pryor Police Dept, 214 S. Mill, Pryor, OK N.S, C/O DA's Office, 1 Court Place, Ste. 260, Pryor, OK JW., CIO DA's Office, 1 Court Place, Ste. 250, Pryor, OK C.P., CIO DA's Office, 1 Court Place. Ste. 250, Pryor, OK Gary Morgan, 1133 SE 15°, Pryor, OK Pamela Morgan, 1133 SE 15", Pryor, OK Scott Garrett, Pryor Police Dept, 214 S. Ml, Pryor, OK Law Enforcement incident Number: CMS Case ID Number: 16-2962 Lead Law Enforcement Agency: Pryar Police Dept.IN THE DISTRICT COURT OF at STATE OF OKLAHOMA STATE OF OKLAHOMA, ) oO. OKLAHOMA” | PLAINTIF} ) san 06 2016 | rire ) 2 | ) oe! a ) RFR, 5 BY. ) Derek James Morgan ) 1717 E 71st Place #2506 ) Tulsa OK. ) 03-28-85 ) ) DEFENDANT ) Case No, CF-2016—(, PROBABLE CAUSE AFFIDAVIT Comes Now, the undersigned Affiant, of lawful age and being first sworn, upon oath, alleges and states that based upon the following, Affiant has reason to believe that the Defendant, has committed the offense of: Assault and Battery with a Deadly Weapon Background and Initial Call: On January 1,2016, shortly after 1:00 a.m., two 911 calls came into Mayes County 911 and Mayes County Emergency Service Trust Authority, One call was from fourteen year old C.P. who had just been shot and one from Derek James Morgan requesting police and ambulance because he had shot an individual who Morgan said he believed to be attempting to break into his residence, Morgan gave his home address as 1133 $.E. 15th Street, Pryor, Mayes County, Oklahoma. Emergency personnel arrived at the location of the shooting within three minutes. Statement of C.P.: C.P. is a fourteen year old juvenile residing in Pryor, Mayes County, Oklahoma. C.P. told me the following: 1. He and two juvenile friends were out in the early morning hours of January Ist, and had knocked on some doors attempting to wake the occupants of the residences as a prank. 2, The three knocked on the front door of 1133 $.E. 15th and did not get a response from the house, 3. The three juveniles ended up in the unfenced backyard of 1133 S.B. 15th and one of the juveniles was walking up to knock on the back window when a man appeared from the side of the house and yelled at them. 4. Shortly after the man yelled at them, the man started to shoot at them. C.P. described how the man shot between him and his friends.5. CP. then immediately ran away from the shooter towards the street, 6. C.P. stated that he had made it out of the yard and was running in the street when he was shot in the back and immediately fell down in the street. 7. Immediately after he was shot, C.P. said he was approached by the homeowner of 1133 S.E, 15th Street, who escorted him to the front porch of 1133 S.B. 15th 8. CP. identified the man who shot him as Gary Morgan, the father of Derek Morgan, and homeowner of 1133 $.E. 15th. 9. C.P. stated that he saw the person who shot him as he appeared on the side of the house and the person was wearing a "robe" and had grey hair. Note: Gary Morgan was not wearing a robe and Derek Morgan was wearing a longer coat with a grey beanie. Statements of Derek James Morgan: On the initial 911 call Derek James Morgan identified himself as the shooter. In fact, throughout the duration of this investigation, Derek James Morgan has admitted to shooting C.P. On January 1, 2016, | interviewed Morgan, post-Miranda, and he said the following: 1. Shortly before the 911 call, he was in the garage of his parents’ residence at 1133 S.E. 15th in Pryor, Mayes County, Oklahoma, and heard rustling of the trash cans on the side of the garage and by the door. 2, He went into the house and awoke his father and told him he thought there may be someone breaking into the house. 3. He got his Glock Model 41 (.45 caliber) and went with his father to the garage side of the house, where they saw nothing of note, 4, He walked across the front of the house, rounding the comers of the house, approaching the back yard. He thought his father was behind him. 5. When he got to the back comer of the house, he saw three individuals in the backyard. 6. He claimed he yelled at the individuals, including instructing them to put their hands up and not move. 7. At that point, an individual on the left made a motion behind his back as it he was reaching for a weapon, so he fired a couple of shots in that direction. 8. Two individuals ran to Morgan’s left and one individual ran to his right. Morgan believed that the individual who made the “threatening” motion was one of the two individuals who ran to Morgan's left. 9. As the individuals ran, Morgan continued shooting at the individual on his right, striking that individual. 10. Morgan said several times that he did not believe that the individual he shot was the same individual who made the "threatening" movement, in fact, he described that individual running in another direction 11, Morgan said that the individual (C.P.) was not coming at him when he shot him. 12. Morgan described to the officers the direction the individual (C.P.) was running and it was in a diagonal movement away from where he was standing, 13. Morgan said he believed that all three individuals were "threats" because he initially saw one individual reach behind his back,Statements of Gary Morgan: Both Detective Chuck Ward and I interviewed Gary Morgan and at separate times and he told us the following: 1. Gary is the homeowner of 1133 S.E. 15th Street, and his adult son, Derek James Morgan, was visiting watching football on New Year's Eve and ended up staying the night. 2. Shortly before the shooting, Gary was awoke by his son, Derek James Morgan, who told him he had heard noises outside, and there had been several burglaries in the area, 3. Gary and Derek went outside and they saw nothing suspicious on the side of the garage near the trash cans. 4. As they walked across the front of the house, Gary thought he had to make sure the back door was locked, so he went back in the front door. 5. While in the living room, Gary heard gunshots so he ran back out the front door. 6. Gary then observed an individual in the street, so he and his son began to render aid. Gary told Derek to call 911 and Gary stayed with the individual. 7. Gary strongly denied shooting or even being outside of the residence during the shots. Medical Evidence: C.P. has "through and through" bullet wound, The two bullet holes in C.P.'s torso are in the back and stomach, with the back wound slightly higher than the stomach wound. ‘here is also a "through and through” wound in C.P.'s right forearm. C.P. was immediately transported from the scene of the shooting via helicopter to a Tulsa hospital, where he received emergency medical attention. [ have been advised that C.P.’s injuries were possibly life threatening, if they had not been treated. C.P. is still in the hospital and receiving treatment. Investigative Findings: This scene was processed by the Oklahoma State Burcau of Investigation crime scene team. Furthermore, I have visited the scene of this shooting on multiple occasions in collaboration with several other officers. The following observations were made: 1. There is a clear blood stain near the middle of the street where C.P. appeared to be laying after being shot. 2. There were four shell casings found near the back corner of the Morgan residence, consistent with being ejected from the same point, 3. The distance between where Derek Morgan says he first shot at the individuals and where C.P. was shot in the street is approximately 85 feet. 3. There was a bullet hole found in the garage door of a house approximately one block away from the Morgan residence. What appeared to be a 45 caliber projectile was located within this house, 4, From the point of the shell casings, this projectile is in line with Derek Morgan shooting C.P. in the street. 5. From the location of the blood stain and the shell casings and the statements of Derek Morgan and C.P., it appears that C.P. was in the middle of the street, fleeing, when he was shot by Derek Morgan,6. A Glock Model 41, .45 caliber pistol, was recovered from the residence. Derek identified it as the weapon that he fired. The weapon appeared to be operational. Recordings: ‘The following recordings are part of this investigation: 1. On Derek Morgan's 911 call, someone is heard asking Derek Morgan what he was doing. Morgan says, "I told them to stop." 2. The 911 calls ate almost immediately after the shooting, and Derek acknowledges doing the shooting and relays facts consistent with witnessing the shooting. 3. While Gary Morgan and his wife (Derek Morgan's mother) ate seating in a patrol car, Mrs. Morgan is asking Gary Morgan what happened. Gary Morgan tells her that Derek said that he saw the individuals reaching for something, but Gary did not understand how Derek could see that due to the darkness. Based upon this Affidavit, the undersigned prays that this Honorable Court issue a finding of facts that there is probable cause to issue a warrant of arrest for the ctime of: Assault and Battery with a Deadly Weapon, Further Affiant Sayeth Not. Dated this 6th day of January , 2016, - My commission expires: fotary Public — CRULK F comen. #8007453 | bev M4 » MPBegp «isco of the Dish ETH iced this Probable Cause Affidavit on the day of Pua ree s 20_/ C., and I make the following findings and order. Rog Ges een contains sufficient facts showing probable cause to arrest and det id defendant, i to await further proceedings. The Court sets an Appearance Bond in the amount of §__ ___ The Court denies Bond at this time.This Affidavit contains insufficient facts to show there is probable cause to arrest or detain the said defendant, J ISTRICT COURT