A Feb. 24 sentencing has been set for a Terre Haute man found guilty by a jury in December of murder in the August 2018 shooting death of his 18-year-old friend Gage Eup.
Judge John T. Roach made no ruling this morning on motions to correct errors filed by 22-year-old Dylan Morgan.
However, the judge quietly commented that setting a sentencing date could indicate he will not rule in favor of Morgan’s request to correct errors due to jury misconduct and insufficient evidence to sustain a jury verdict.
The jury found Morgan guilty of murder, altering the scene of a death, obstruction of justice and misdemeanor charges of possession of marijuana and illegal consumption of alcohol. The jury entered a not guilty verdict on the charge of reckless homicide.
Defense attorney Paul Jungers filed a motion Jan. 24 to correct errors, stating after the trail ended, he learned the jury forewoman failed to disclose she personally knows the detective who investigated the case, harming Morgan’s Sixth Amendment rights to trial by impartial jury.
The defense attorney also claimed insufficient evidence to sustain a verdict of murder, instead saying the evidence could only support reckless homicide. The defense claims the gun has a safety magazine disconnect that should have prevented it from firing with the magazine removed.