Morgan arraigned on sexual assault on minor

By Eleanor Guerrero
Friday, July 6, 2018

Photo by Eleanor Guerrero

David Morgan is arraigned in Carbon County District Court on a charge of sexual assault without consent. The allegations concern a minor.

David Edward Morgan, of Fromberg, was arraigned in Carbon County District Court on Wednesday morning, June 27, on one count of sexual intercourse without consent, a felony.

He is alleged to have had intercourse multiple times with a minor, then 9 years of age. At the time of the alleged offenses, Morgan was 17 to 18 years old. Bail was set at $100,000.

Alex Nixon represented the State and the defendant is represented by Attorney Gregory Paskell, who was not present. Attorney Deborah Pranikoff filled in for him in his absence.

According to an information filed by the Carbon County Attorney’s Office on May 30, on or about April 9, 2018, the Carbon County Sheriff’s Deputy Jeremy Neibauer received a report from Child Protective Services Intake. The call went to Detective Quentin Thomson who interviewed the alleged victim.

The minor reported that while in his foster home he shared a room with a foster brother that he referred to as “big brother.” He stated according to the affidavit filed with the information, that he had been allegedly raped by his foster brother “almost every night” for an undisclosed period of time, after being awakened by being punched in the back. It states, that the child was also allegedly “physically restrained from telling his foster parents.” The child has since been removed from the foster home.

At the time of his arrest, Morgan had left the family home and according to the affidavit, his mother believed he “may be living on the streets in Billings…”

Nixon argued against the defendant’s release on his own recognizance unless he had a place to stay. Nixon said it was possible he might stay at his grandmother’s house. Since the charge involved a minor, he requested no contact between the defendant and minors.

Judge Blair Jones set conditions should Morgan meet his terms of bail and be released. He should make all court appearances, obey all laws, not leave the state without consent, actively seek employment, have no contact with alleged victim and his family or any witnesses, obey a 9 p.m. curfew unless working, not use or possess alcohol or dangerous drugs without a prescription, not frequent places in which alcohol is their primary purpose, maintain weekly contact with counsel, have no contact with minor children pending further proceedings.

A person convicted of such a charge, if the victim of such a crime was 12 years of age or younger and the offender was 18 years of age or older, at the time of the offense, the offender shall be punished by imprisonment for a term of 100 years. The court may not suspend execution or defer imposition of the first 10 years of the sentence of imprisonment imposed subject to exceptions, and during the first 25 years of imprisonment, the offender is not eligible for parole.

Such person may also be fined an amount not to exceed $50,000 and shall be ordered to enroll in and successfully complete the education phase and the cognitive and behavioral phase of a sexual offender treatment program provided or approved by the DOC.

If he is released after conviction any such offender will be supervised for life and participate in the program for continuous, satellite based monitoring.


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