In an update of an incident reported earlier at InterMat , Derek James Morgan, 30, was arrested this week on complaint of assault and battery with a deadly weapon in the shooting of 14-year-old Cole Peyton, a freshman wrestler and football player at Pryor High School. The charge is considered a felony that carries a sentence of up to life in prison if convicted. Morgan is currently being held on a bond set at $100,000.
Morgan, a resident of Tulsa, was staying at his father Gary Morgan's home in Pryor. According to a court affidavit , Morgan was in the garage when he heard rustling of garbage cans outside the garage at about 1 a.m. New Year's Day. He reportedly told his dad someone was breaking into the home and grabbed his gun, a Glock Model 41 .45 caliber.
Morgan went outside to the backyard, where he encountered the three teens. He told police that he had told them to put up their hands and not move. In the affidavit, Morgan said that he thought one of the teens made a move, so he fired his gun as the teens ran toward the street. Four shell casings were found in the yard. The freshman honor roll student was hit twice, once in the arm, and once in the side, where the bullet went through his liver. Both wounds were described in the affidavit as "through and through" and "life-threatening." The affidavit also stated that blood was found in the street, consistent with Peyton's claim that he was in the street when he was shot.
In a recording of Morgan's call to 911 after the shooting, the alleged shooter is heard asking Peyton his name. The victim was able to provide that information to Morgan, who relayed it to the emergency dispatcher.
The affidavit states that Peyton also called 911. The high school freshman said he and two friends had been knocking on doors as a New Year's prank. He said they knocked on the front door of Gary Morgan's home, got no response, so they went to the unfenced backyard, where they knocked on a window. According to his affidavit, Peyton said an individual came out of the house with a gum, and shot between him and his friends. Peyton stated that he ran into the street where he was shot.
Chief of Police Steven W. Lemmings said it took five days to make the arrest because the Mayes County district attorney wanted investigators to be as thorough as possible.
After filing charges against Morgan, Mayes County District Attorney Matt Ballard released this statement: "While I fully support responsible gun ownership and the right of people to defend their person and their home, that's not what happened in this case. The victim was 85 feet away from the house in the middle of a public street when he was shot while fleeing."
In a message at a GoFundMe.com page established to help with her son's medical bills and anticipated therapy, Cole Peyton's mother Kim Davis Hall wrote, "He was life-flighted to a Tulsa hospital where he is still undergoing care. He has to go to OKC [Oklahoma City] after his hospital stay here in Tulsa to further repair his liver and his arm. They are keeping an eye on his gallbladder which might be removed at another date…"
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