Commonwealth of Kentucky v. Alexander Morgan

Elizabethtown, Kentucky criminal defense lawyer represented the Defendant charged with first-degree fleeing or evading police officers.

Morgan was arrested on January 22, 2022. He was traveling south on Dixie Highway in Hardin County with no visible registration plate. When a police officer attempted to catch up to Morgan, he sped up and ran a red light. The officer initiated pursuit with activated lights and sirens. Morgan failed to stop, and a highspeed chase ensued. According to the citation:



[Morgan] continued to flee at high rates of speed for approximately 30 minutes through Hardin, LaRue, and Nelson Counties.... [Morgan] came to a brief stop when cornered and troopers approached on foot. [Morgan] then drove off-road . . . to elude police and caused two troopers to fall to the ground .... [Morgan] traveled at radar indicated 110 mph in the opposing lanes of Lincoln Parkway, nearly striking several civilian vehicles head on. While going the wrong way, [Morgan] "lane split" between two oncoming vehicles and then made an improper U-turn .... [Morgan] lost control of the motorcycle . . . went off the roadway, and struck a wood fence before falling off of the motorcycle. [Morgan] then crawled away from police despite . . . commands to stop .... While being detained, [Morgan] struck [a trooper] in the mouth..... [Morgan] . . . was unable to produce an insurance card . . . [or] a license.... Dispatch advised operator's license status is suspended ....



In March 2022, Morgan waived indictment and entered into a pretrial diversion agreement with the Commonwealth. He pleaded guilty to one count of First-Degree Fleeing/Evading Police (motor vehicle) with a five-year sentence and one count of First-Degree Wanton Endangerment with a three-year sentence -- to run consecutively for a total of eight years. Morgan was to serve 215 days, be referred to drug and/or mental health court programs, and be subject to a five-year diversionary period without the possibility of early termination.



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CRIMINAL LAW. PRETRIAL DIVERSION REVOCATION. The case examines the trial court's decision to revoke the appellant's pretrial diversion for non-compliance and absconding supervision, analyzing whether the trial court abused its discretion under KRS 439.3106 by determining that the appellant posed a significant risk to the community and could not be managed in the community.



CRIMINAL LAW. PROBATION AND SENTENCING DISCRETION. The court reviewed whether the trial court abused its discretion in denying probation or alternative sentencing, evaluating compliance with statutory requirements under KRS 533.010 and the necessary findings regarding the risk to public safety and the appellant's need for correctional treatment.



CRIMINAL LAW. IMPOSITION OF JAIL FEES. The decision addresses the improper imposition of jail fees without evidence of an approved reimbursement policy, applying the precedent set by Capstraw v. Commonwealth, and determining the need to vacate that portion of the trial court's judgment.



Key Phrases Pretrial diversion revocation. High-speed chase. Mental health court termination. Violation of supervision report. Jail fees imposition.

Firmed in part and reversed in part.