I went to court where I turned down a plea deal offered by the DA because I have dignity and told him that I simply would not plead guilty to charges I didn't do and so if I were to go to prison it would have to be based on his lie.
My trial lasted several days and I was found guilty. Even though there was no sufficient evidence, ballistics or witnesses to provide such an outcome.
Now, allow me to rewind and explain this night in detail.
My brother and I were leaving a radio sponsored concert in Charlotte, NC and my brother was intoxicated so I drove us to Salisbury. He decided he wanted to go to Las Palmas as he thought his wife was going to be there. I suggested against it and encouraged him to allow me to take him home. He was very persistent so I gave in and took him to the location.
Once we arrived he and I split up, he went to a table and talked to some people he appeared to know. So, I sat at the bar where a waitress and I caught up as we went to school together and haven't seen one another in quite some time. Where I was sitting, the entrance was directly left and the street light would shine into the doorway if opened catching your eye to see who was coming and going.
I was caught by seeing the door open so I looked over and noticed bodies falling out the door in a physical manner so I knew that a fight had started to take place. Being curious as one would be I began in direction for outside to see what was occurring. On my way outside I scanned the room to see if I could spot my brother and didn't see him.
As I crossed the threshold of the door I saw five men all wearing different colors of clothing and what appeared to be jumping my brother. One gentleman was roughly 6'5" and had my brother by the crotch of his pants and his shirt balled up by his collar picking him up and slamming him onto his back over and over. Being that I was afraid of the harm this could cause and quickly realizing I could not physically fight five people I ran to the vehicle we arrived in, which was a Honda Passport, and in back was a footlocker with our legally registered / permitted firearms inside of it. I removed my firearm from the locker and went to the corner of the building where I shouted “let him up” multiple times leading me to discharge a couple of rounds to stop the fight from going any further. The gentlemen the fled back inside of the establishment and I went further down the sidewalk towards my brother.
My brother ran past me as I moved toward him and at this point I was beginning to move backwards towards the vehicle. As I turned towards the truck I didn’t see my brother which led me to believe he was already inside ready to leave. I open the door toss my weapon onto the seat and realize he’s not inside. I turn back to the front of the building and see my brother by the front entrance, it was at this point I began screaming “don’t do it, it’s over, let’s go, don’t do it, let’s go.”
He disregarded my commands and proceeded to discharge his firearm into the building through the front doors. My heart dropped in my stomach and I knew everything just went bad praying no one was actually hurt. I then turned back and got in the vehicle, he ran back to the vehicle and we were in motion to leave. I put the vehicle in reverse and began to back out of the parking spot and didn’t even make it into drive. I heard the police telling me to turn the vehicle off with their weapons drawn on me. So, I followed their orders and complied thus leading to my arrest.
Allow me to be clear my actions were strictly to stop the fight from going any further which as I saw it could have caused intense harm to my brother... If his head were to hit the sidewalk hard enough while being slammed over and over it could have killed him I thought. I had to make a split second decision to protect him but I didn't realize that it was going to go any further than that. I regret that I let him talk me into taking him there, I have regretted that night for a long time now.
I honestly feel that I have been carrying the burden of being labeled a felon for the past 20 years for charges I didn't even do. I haven’t even communicated with my brother in ten years. He never once apologized to me for going too far. He never once said I am sorry you are a felon because of me and my actions.
While I was on trial and found guilty I wasn't taken into right away. I was allowed to go home and the probation officer was to pick me up to take me to the boot camp facility at a later time. I was outside the courthouse in the smoking area when a lady that was on the jury approached me and said, "I just want to tell you I am sorry."
I responded that it's not your fault it is what it is and she said, "I feel like it is my fault though because I was saying not guilty with 3 other jury members but then that man (the DA) came into the room we were in and told us - there was not to be a hung jury - we had to provide a verdict. So, we all caved in and just said guilty with everyone else."
So there you have it. Due to my brother actions, due to the DA entering the deliberation room I became a felon. Bill Kennerly stepped into that room demanding a verdict.
My charges originally were not felony - it was after the fact that he himself added my brothers charges to me. There was no evidence to in court, on paper nor by witness. I turned down his plea deal. He entered the jury's room and demanded a verdict.
That's the truth.
Now I am 40 years of age and living in South Florida for the past 6 years. I haven't been in any trouble since 1996. I am married to an amazing woman and mother to my beautiful 6 year old daughter. We own our own house and I am doing good for myself. I am actually in the process of starting my own business in Service / Retail.
I feel I have allowed his lie to burden my life long enough. I didn’t even know then the severity of what she told me. I had no idea that was not a normal practice - I was young and stupid. But now I am older and realize that the fight is not just for me - it's for my wife, my daughter, my family and my name. I simply want to prove to myself that the justice system is fair and willing to give 2nd chances, righting wrongs etc.
I am a good man, husband and father who works hard keeping his nose clean and his head down.
I have an affidavit from the Jury Member K. Bost who told me about the actions of the DA in my possession and have been talking with a lawyer who is willing to take my case on and file a Motion of Appropriate Relief. This isn't cheap to do... the initial cost for them to start this process requires two attorneys, private investigators etc. It was disclosed that to hire this team would be 15k and at that time I was advised that other costs would occur as we proceed so I am speculating this could easily turn into a 25k to a 35k ordeal.
With filing a Motion for Appropriate Relief you only get one shot... I feel confidence in the team that has formed but I need assistance to carry this through. I am just a regular guy... I am not rich... I am not wealthy and I have no one to turn to for that kind of money... so I am setting my pride to the side and asking folks to do what they can.
Thank you!
O. Morgan
I will put together a video for this page as well and also provide updates
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